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HomeMy WebLinkAbout7752RESOLUTION NO. 7752 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND DESIGN STUDIOS WEST, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE HISTORIC ARKANSAS RIVERWALK PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: cPrTTnN 1 An Agreement dated November 27, 1995, a copy of which is attached here- to and made a part hereof, 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. CFCTTnN 9 Funds for said professional services shall be advanced by the City and paid from 002 - 1995 -HARP ADVANCE ACCOUNT. All funds so advanced shall be re- funded and repaid to the City out of the proceeds of the bonds issued for the purpose of financing HARP. SECTION 3. The President of the City Council is hereby authorized to execute the 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 November 27 ,1995 By Samuel Corsentino Councilperson APPROVED 4 4,04 President t Council ATTEST: ity Clerk AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 27th day of November, 1995 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Design Studios West, Inc., a professional engineering and design firm (hereinafter 'Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with the design and construction of the Historic Arkansas Riverwalk Project, hereinafter referred to as the 'Project." The Project is further defined in Appendix A. In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL 1.1 Engineer shall satisfactorily perform professional engineering services for all phases of Project indicated below by mark placed in the appropriate box or boxes: [ ] - Study and Report Phase [x] - Preliminary Design (Schematic and Design Development) Phases [x] - Final Design Phase including preparation of Bid Documents [ ] - Construction Phase Upon completion of any phase, Engineer shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional engineering consultation and advice and the furnishing (directly or through professional consultant subcontractors) of customary and usual civil, structural, mechanical and electrical engineering services. Engineer shall also (directly or through subcontractors) provide any architectural and landscape architectural services incident to its work on the Project. 1.2 In performing the professional services, Engineer shall complete the work items described generally in Appendix A - Scope of Services and the items identified in Section 2 of this Agreement which are applicable to each phase for which Engineer is to render professional services. 1.3 Professional engineering services shall be performed under the direction and supervision of a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of such registered Professional Engineer. 1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear the seal of said Professional Land Surveyor. 1.5 Architectural services shall be performed under the direction and supervision of an architect duly licensed and authorized by law to conduct a practice of architecture in the state of Colorado. SECTION 2. ENGINEER SERVICES 2.1 Study Report Phase If Engineer is to provide professional services with respect to the Project during the Study and Report Phase, Engineer shall: (a) Consult with Owner to determine his requirements for the Project and review available data. (b) Advise Owner as to the necessity of his providing or obtaining from others data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services. (c) Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (d) Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. (e) Provide general economic analysis of Owner's requirements applicable to various alternatives. (f) Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the alternative solutions available to Owner, and setting forth Engineer's findings and recommendations with opinions of probable costs. (g) Furnish 5 copies of the Report and present and review it in person with Owner. 2.2 Preliminary Design (Schematic and Design Development Phases If Engineer is to provide professional services with respect to the Project during the Schematic Design and Design Development Phases, Engineer shall: (a) Consult with Owner and determine the general design concept and Project requirements based upon information furnished by Owner as well as any study Report on the Proj ect. (b) Prepare and submit to Owner preliminary design documents consisting of -2- final design criteria, preliminary drawings, an outline of specifications, and written descriptions of significant features of Project. (c) Prepare and submit to Owner a requirements checklist of any subsurface investigation, additional data, permits, or other information and requirements which is anticipated will be necessary for the design or construction of Project. (d) Provide written disclosure to Owner of significant design assumptions, significant risks and advantages /disadvantages inherent in or presented by design alternatives, and make recommendations to Owner based thereon. (e) Prepare and submit to Owner a preliminary cost estimate for the Project including construction cost, contingencies, professional compensation and consultant fees. Cost estimates for land and rights of way, compensation for damages and finance costs, if any, will be provided by the Owner. (f) Engineer shall furnish six (6) copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.3 Final Design and Bidding Phas e . If Engineer is to provide professional services with respect to the Project during the Final Design Phase, Engineer shall: (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirement therefor. Such plans and Specifications shall comply with applicable building codes and requirements of regulatory agencies having any approval authority. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. However, substantial changes in the nature or scope of the Project which are inconsistent with approvals or instructions previously given by the Owner are considered Additional Services for which the Engineer will be compensated according to Paragraph 2.5(g). (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant risks and advantages /disadvantages inherent in or presented by design choices. (d) Based upon Engineer's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation and consultant fees. Cost estimates for land and right of way costs, damages and finance costs, if any, will be provided by the Owner. -3- (e) Prepare and submit to Owner draft forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, engineer shall consider and incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specifications. (f) After review and comment by Owner, prepare and submit final forms of contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. One original reproducible copy and 25 useable copies of these final bid documents shall be furnished to Owner. (g) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (h) Attend a pre -bid conference with bidders to discuss Project requirements and receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders. (i) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ", amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Engineer's advice. 2.4 Construction Phase If Engineer is to provide professional services with respect to the Project during the Construction Phase, after award by the Owner of a general contract or contracts for construction of the Project, Engineer shall: (a) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the Project, except that any specific provisions set forth in Appendix A - Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level of observation. (c) Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. (d) Promptly advise the Owner in writing of any omissions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project. M (e) Reject any work on the Project that does not conform to the contract documents. (f) On request of the Owner, the construction contractor or any subcontractor on the Project, issue written interpretations as to the Drawings and Specifications and requirements of the construction work. (g) Review shop drawings, samples, product data and other submittals of the contractor for conformance with the design concept of Project and compliance with the Drawings, Specifications and other contract documents, and indicate to Contractor and Owner with respect thereto, any exceptions noted, or modification or resubmittals required. (h) Review all applications of Contractor for payment and in connection with same, issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Engineer's representation to Owner that he has visited and reviewed the Project and that to the best of his knowledge, the work for which payment has been sought has been completed by Contractor in accordance with the Drawings, Specifications and other contract documents. (i) Subject to written concurrence by Owner, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. 0) Draft, for Owner's consideration, and offer recommendations upon, all proposed change orders and contract modifications. (k) On application for final payment by the Contractor, make a final inspection of the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, record drawings based on information provided by the Contractor, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (1) The Engineer shall, if and to the extent so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or Contractor, the Engineer shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretations and decisions of the Engineer shall be final and binding on the Contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar days after receipt of the Engineer's interpretation or decision, file his written objections thereto with the Engineer and Contractor. Engineer shall not be liable for results of interpretations or decisions so rendered in good faith. 2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work. -5- (a) Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Engineer's work, including that performed by Engineer's consultants and subcontractors, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies caused by Engineer in his work. (b) Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Engineer's negligent act or omission; except that Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Engineer's professional responsibility shall comply with the generally accepted standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project. (d) Engineer shall be completely responsible for the safety of Engineer's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Engineer's employees. (e) Engineer acknowledges that, due to the nature of engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Engineer represents that Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility ", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Engineer shall designate in writing a Project representative who shall have complete authority to bind Engineer, and to whom Owner should address communications. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order in which Engineer proposes to accomplish his work, with dates on which he will commence and "s complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Engineer will not be responsible for delays beyond his control. (g) Before undertaking any work which Engineer considers beyond or in addition to the scope of work and services which Engineer has contractually agreed to perform under the terms of this Agreement, Engineer shall advise Owner in writing (i) that Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ". SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. -7- (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Engineer is not within the custody or control of Owner but must be procured from others. SECTION 4. TIME FOR PERFORMANCE Engineer's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this Agreement. SECTION 5. PAYMENT 5.1 Owner will pay to Engineer as full compensation for all services required to be performed by Engineer under this Agreement, except for services for additional work or work beyond the scope of this Agreement, those maximum amounts set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. 5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount, for actual professional services rendered, and for reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Engineer for the amount of the application within 30 days of the date of billing, provided that sufficient documentation has been furnished. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule." 5.4 No separate or additional payment shall be made for profit or overhead. No separate or additional payment shall be made for computer time, secretarial or clerical time or other expenses unless specifically identified as a reimbursable expense item in Appendix B - "Fee Schedule," and made subject to any limitations set forth in paragraph 5.1 above. 5.5 No compensation shall be paid to Engineer for services required and expenditures incurred in correcting Engineer's mistakes or negligence. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph 2.5(g). SECTION 6. TERMINATION 6.1 The Owner reserves the right to terminate this Agreement and Engineer's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other information, and materials as Engineer may have accumulated in performing this Agreement, together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer, Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Owner or Engineer. In no event shall payment to Engineer upon termination exceed the maximum compensation provided for complete performance in paragraph 5.1 and Appendix B. 6.3 In the event termination of this Agreement or Engineer's services is for breach of this Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to timely proceed with work, or to pay its employees, subcontractors or consultants, or to perform services with that level of care and skill ordinarily exercised by professional Engineers specializing in the design of roads, bridge, drainage facilities and water ways, or to perform work in a manner deemed satisfactory by Owner's Director of Public Works, then in that event, Engineer's entire right to compensation shall be limited to the reasonable value of completed work to the Owner for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.5 Engineer's professional responsibility for his completed work and services shall survive any termination. SECTION 7. GENERAL PROVISIONS 7.1 Ownership of Documents All designs, Drawings, Specifications, and other work product produced by the Engineer in the performance of this Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Engineer agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, u specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project, without adaptation and review by Engineer, Owner shall hold harmless and indemnify Engineer from all loss, claims, injury and judgments arising from the use of such designs, Drawings or Specifications for such other project. In the event (i) Owner terminates the services of Engineer prior to completion of final design, and thereafter Owner completes the design and construction of the Project without review and adaptation of the design, Drawings and Specifications by Engineer, or (ii) Owner terminates the services of Engineer after completion of final design and the Owner completes the construction of the Project with modifications to the plans, Drawings and Specifications prepared by Engineer, Owner agrees that it will hold Engineer harmless from all loss, claims, and injury attributable to the completion of design by others or to such modifications from Engineer's final design, Drawings and Specifications. 7.2 Insurance and Indemnity (a) Engineer agrees that he has procured and will maintain during the term of this Agreement, such insurance as will protect him from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Engineer shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Four Hundred Thousand and No /100 Dollars ($400,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, Four Hundred Thousand and No /100 Dollars ($400,000.00) per occurrence for property damage, and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form, and with a deductible, acceptable to Owner. (c) Engineer agrees to hold harmless and indemnify Owner from and against any liability to third parties, arising out of negligent acts, errors or omissions of Engineer, his employees, subcontractors and consultants. 7.3 Notices Any and all notices or other communications required or permitted by this -10- Agreement or by law to be served on or given to either the Owner or the Engineer by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first -class postage prepaid, addressed to the Owner, Attention: Tom Cvar, Department of Public Works, 211 E. "D" Street, Pueblo, Colorado, or to the Engineer at Design Studio West, Inc., Attention: Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 7.4 Entire Agreement This instrument contains the entire agreement between the Owner and the Engineer respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either the Owner or the Engineer in relation thereto not expressly set forth in this instrument is null and void. 7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Engineer may be assigned by him without the written consent of the Owner. 7.6 Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of Engineer and by Owner's Director of Public Works. 7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. 7.8 Equal Employment O112ortuni1y In connection with the performance of this Agreement, Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Engineer shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. 7.9 Severability If any provision of this Agreement is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. 7.10 Appropriations Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated for this Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Engineer shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. -11- 7.11 Required Approvals This Agreement shall not be effective until approved by Owner's City Council, and execution by the parties' representatives. 7.12 Access to Property Not Under Owner's Control Contractor acknowledges that the Project may require access to property not under the control of Owner at the time of execution of this Agreement. Contractor and Contractor's employees and consultants shall, at Contractor's expense, obtain all additional necessary approvals and clearances required for access to such property. Client shall assist Contractor in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Engineer understands and agrees that entry to properties not under Owner's control may require Engineer to comply with the terms of separate access agreements to be negotiated hereafter with owners of such property. SECTION 8. DISPUTES 8.1 Any dispute or disagreement between Engineer and Owner arising from or relating to this Agreement or Engineer's services or right to payment hereunder shall be determined and decided by the Owner's Director of Public Works whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P. 8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall proceed diligently with performance of his work under this Agreement. SECTION 9. APPENDICES 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services" consisting of 3 pages. Appendix B - "Fee Schedule" consisting of 2 pages. Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility" consisting of _/ pages. SECTION 10. OTHER TERMS AND CONDITIONS. 10.1 The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations. The Engineer, therefore, will use his or her best reasonable professional efforts to interpret and -12- implement applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. The Engineer, however, cannot and does not warrant or guarantee that the Owner's Project will comply with interpretations of ADA requirements and /or ADA implementing requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. 10.2 To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, employees, agents and subconsultants, and any of them, to Owner and anyone claiming by, through or under the Owner, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of Engineer or Engineer's officers, directors, employees, agents or subconsultants, or any of them shall not exceed the total amount of one million dollars ($1,000,000.00). IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO By eOeto� LA4*MA.. President of the ity Council By Attest: City cl [SEAL] I: Title: BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Director o Finance APPROVED AS TO FORM: City Attorney J: \CrrY\PLANNING \HARP \PROFSVCS.WPD -1 APPENDIX A SCOPE OF ERVICES A. Project Title: Historic Arkansas Riverwalk Project (HARP) B. Project Location: The project area boundary is graphically depicted iin Appendix D of this contract. The project is generally located: South of Elizabeth Street between West 1 st Street and Union Avenue; South of City Hall Place between Central Main and Union Avenue; South of Richmond Avenue between Central Main Street and Mechanic Street; South of Elizabeth Street between Mechanic Street and Santa Fe Avenue; North of the WestPlain s s Energy Power Plant located at E Street and Victoria Street; North of E Street between Victoria Street and Main Street; North of the northern property boundary for Andrew s Produce; C. Project Description: Design Studios West, Inc., (DSW) the Prime Consultant for the HARP Project, shall perform preliminary and final engineering design services for the City of Pueblo. DSW anticipates subcontracting specialty subconsultants,, as identified in Appendix C, for some portions of the work. All drawings will be computer generated using AutoCad. All specifications and reports will be generated using Microsoft Word or WordPerfect. The DSW team will utilize the standard master specification for the City of Pueblo and modify them as necessary to meet the project's needs. All drawings and specifications will be prepared in a suitable format for bidding by a single contractor. One set of construction documents shall be stamped and certified by a Professional Engineer registered in the State of Colorado. DSW proposes to complete the final design and construction procurement process in a three phase approach. This approach allows the project to be incrementally funded to allow the City more time to obtain the total project funds. This approach also minimiz the impacts to the start of construction. The preliminary deliverable dates described below are based on the Preliminary HARP Final Design Schedule presented at the November 11, 1995 HARP Commission Meeting. The schedule has been included as Attachment E to this contract. Please note that in order to meet these dates, funding to DSW must be made available by November 11, 1995. Otherwise, expect a day- for -day slip, as a minim Phase I - Preliminary Design DSW has completed Design Development services for the HARP. While much progress and refinement has been made on the project, design assumptions, project lay -out, parking, property boundary / ownership, and other issues must be defined and agreed to prior to final design. To ensure the project design assumptions are still valid, DSW shall present the proposed final lay -out to the City of Pueblo and HARP Commission on December 1, 1995. Immediately following the review, a two day 9449.00 /dswmadl.doc PAGE 1 project design charette shall be conducted to review the project, identify and define all project design criteria, review the project schedule and construction phasing. DSW proposes to provide a preliminary design review deliverable by January 31, 1996. This deliverable, represents a 60% complete design package, is intended to accomplish the following goals: • Ensure the design is proceeding as planned; • Ensure the design basis and project planning assumptions are still valid; • Allow the City agencies and HARP Commission a formal review and comment period on the project; The level of detail provided in this deliverable will depend on the date DSW receives a notice to proceed from the City. Phase II - Final Design DSW proposes to provide a 90% complete design package for final review and comment to the City by April 8, 1995. This set will incorporate the comments received in the Preliminary Design Review package and provide the City and HARP Commission another opportunity to provide formal comments on the package. DSW will incorporate the final comments and anticipates providing a final 100% complete Construction Document package to the City on May 6,1996. Phase III - Construction Management and Contractor Procurement Process DSW proposes to assist the City in the selection of a construction contractor and to provide construction management services. The scope of theses services will be further defined after the preliminary design phase of the project. DSW has assumed the final design package will be prepared for one general contractor, and the cost estimate assumes that Davis -Bacon wage rates will not be applicable. D. Work Performed By Others: The following design tasks are to be performed by others. DSW will coordinate with the organizations as require to select re- routing locations and ensure project design continuity: WestPlain s Energy: WestPlain's energy will design and install all overhead electrical power demolition and relocations. WestPlain s Energy will also perform the design and installation of all street lighting for the project. Pueblo Board of Water Works: The Pueblo Board of Water Works will design and install all water mains, fire hydrants, and control valves abandonment and relocations. A water main will be required to cross over the new Main Street bridge. DSW will coordinate as requested with the Board of Water Works to accomplish the crossing. The Board of Water Works and the HARP Commission will also address water rights associated with the project. 9449.00 /dswmodl.doc PAGE 2 Public Service Company: Public service will be responsible for all gas line and abandonment and re- locations. A gas line is anticipated to cross in either the proposed Main Street or Union Avenue Bridge. US West US West shall be responsible for abandonment and relocation of all telephone cables. A main telephone cable is expected to cross the Union Ave bridge. Cable TV All cable TV abandonment and relocation shall be by others. E. Additional Scope Items: The followings tasks have not been included in the estimate fee's detailed in Appendix B, but can be included with a Change Request or Contract Modification 1. Property Acquisition; 2. Right -Of -Way Negotiations / Costs; 3. Project Financing; 4. Legal Description for the Project Site; 5. Long Term Maintenance and Operational Issues; 6. Public Art; 7. Private Sector Design Guidelines; 8. Grant and Bond Coordination and Support; 9. Marketing and promotional materials or presentations; 10. Zoning, subdivision or platt work 11. Governmental Affairs / Coordination 12. Water Rights 9449.00 /dswmodl.doc PAGE 3 .APPENDIX B FEE SCHEDULE The Owner shall compensate DSW for the Scope of Services based on a the hourly rates defined below. The hourly rates include overhead and profit. Category Principal -In- Charge Project Engineer Landscape Architect Project Designers Clerical Reimbursable Expenses: Task Description Hourly Rate Project Administration, Management and $95.00 Control Engineering Design, Calculations, and $60.00 Certification of Drawings and Specifications Landscape Design, Site Analysis, Graphic $60.00 Design, Specifications and Drawings Computer Drawings, Design Detailing, $45.00 Specifications, Graphic Design Word Processing, Printing, Binding, $25.00 Invoice Documentation Identifiable expenditures incurred by the DSW in the interest of the project will be reimbursed cost. These items involve the expense of out of town travel, subsistence and lodging when traveling in connection with the project, expenses of long distance telephone and FAX calls. Compensation for contracted services, permits, and subconsultants engaged by DSW for the project will be reimbursed cost plus a five percent (5 %) fee to cover administrative services. DSW shall be reimbursed at a rate of 32 cents per mile for all project related travel. DSW shall be reimbursed for all project related prints at the following rates: Media $ /SF Mylar Plots $0.75 Vellum Plots $0.50 Translucent Plots $0.20 Color Plots $2.50 Blueline Print $0.10 9449.00 /dswmodl.doc PAGE 4 Estimated Fee's: Phase I - Preliminary Design Estimated Fee: $360,000 Assumptions: Estimated Duration: 3 Months DSW Fee's Project Manager $25,000 Project Engineer $25,000 Landscape Architects $25,000 Project Designers $47,000 Clerical $ 1,000 Reimbursable Expenses: Travel (15 Trips) $ 1,500 Telephone /FAX $ 450 Prints /Reproductions $ 3,000 Outside Copy/Binding Service $ 600 Subconsultant Estimated Fee's: Hydraulic Engineers $60,000 Structural Engineers $70,000 Geotechnical Drilling $ 6,000 Environmental Drilling $20,000 Traffic Engineering $40,000 Property Survey /Map $10,000 Architects $10,000 Electrical Engineering $ 5,000 Phase II - Final Design Estimated Fee: $275,000 Assumptions: Estimated Duration: 2 Months DSW Fee's: Project Manager $18,000 Project Engineer $20,000 Landscape Architects $17,600 Project Designers $28,000 Clerical $ 500 Reimbursable Expenses: Travel (10 Trips) $ 1,000 Telephone /FAX $ 300 Prints /Reproductions $ 3,000 Outside Copy /Binding Service $ 600 Subconsultant Estimated Fee's: Hydraulic Engineers $60,000 Structural Engineers $40,000 Traffic Engineering $15,000 Architects $30,000 Electrical Engineering $30,000 Cost Estimating $ 5,000 Independent Reviewers $ 5,000 Phase III - Construction Management and Contractor Procurement Process Estimated Fee: To Be Determined 9449.00 /dswmodl.doe PAGE 5 APPENDIX C IDENTIFICATION OF KEY PERSONNEL, SUBCONTRACTORS, TASK RESPONSIBILITIES Key Project Personnel: Don Brandes, Jr, ASLA -- Project Manager / Principal -In- Charge Responsibilities: Project Management and Coordination, Project Administration Mark Austin, P.E. -- Project Engineer Responsibilities: Engineering Design and Drawings, Specifications, Calculations, Engineering Subconsultant Management, Construction Cost Estimates, Schedules Spencer Nickel, ASLA -- Lead Project Design / Landscape Architect Responsibilities: Landscape Design, Site Lay -out and Analysis, Graphic Design, Specifications and Drawings Subconsultants: All subconsultants proposed by DSW for the project shall be subject to approval by the City of Pueblo Director of Public Works. DSW anticipates the following specialty subcontractors will be required for the project: Water Quality Analysis Environmental Investigations Geotechnical Investigations Survey and Mapping Hydrological Engineering Structural Engineering Traffic Engineering Electrical Engineering Mechanical Engineering Building Architects Construction Cost Estimating Construction Management 9449.00 /dswmodl.doe PAGE 6 Appendix D Project Location 9449.00 /dswmodl.doc PAGE 7 Appendix D page 1 of 2 (B GRAPHIC SCALE I IN FEET _h = 100 rc LIMITS OF PROJECT � i I L____� I ,I - A meNnclix page 2 of 2 I I i I I NOTE: THIS DRAWING N.AS BFFN REDUCED Tn 1 /? SI7F DESIGN STUDIOS WEST. INC. w..aar m.. . d ­" � 1425 lla a oa Sht gotta too 707 -IS23 -9165 F— 5031-02] -7759 D­ C.1—A. 56202 HISTORIC P R O J E C T __DA 11 / 17L - - -- DUWN: Bl li CNECKED: _ _— SCALE: 1' Rf V1S10N5 By V! � CO J COW Z d0 U C Q c UQa_ J m z o o � a. > a = ac � �Q Appendix E Protect Schedule 9449.00 /dswmodl.doc PAGE 8 N Z Proposed HA RP Final Design Schedule Name % Complete I Duration October NovembI Decemb J Februarl March April May June 1 Start 100%1 Od 23 issue Hydrology Designers SOW 100 % 9.75d 11/1 ;11/10 j i 25 issue Lonco SOW 100% 9.75d 11/1 0 _.... .......... ...... ... 29 Finalize HARP 1:20 Lay -outs . .. . ........... ......._... 100% .. _ . 11d 11/1 11/13 i t ..... .. ... . .... .. ___ .. _ 27 Develop Final Design Schedule ........ . .........._ .. ...... ...._....... .... 72% _ .... . _ 15 112] 11/17 .... _ .. .. .... . _....... .......... _................... _.........__ ... . ... ............................... _................... 24 Hydrology Proposal Review . .._..._..........._............ .. ..... 67% _...... _.- .._ 5d 11/10 11/15 ..... ..... . ... .......... ....._._...._ .._.............................................. .................... ..............._ ......... _- ...................... .................. ...................... _ ............. 26 Bridge Designer Proposal Review ..._....._..._.................... _ ... _ ................. .._ ............ ...................... 60 % .... .............. __..... 5 d 11/10 Q 11/14 _.. _... ......... ......._ .......... _..... ............ ........ ... .......... .................. _..................... ....._.._...................... _ ....... _ ..... ......._.........._........................ 14 Prepare SOW for HGF Architects .................. ........ _ .._......_.._..._...._........- _._... 100% ............._................. 1d 11/13 11/13 .. ......... .. . ........... .... _ _ _ . ... ....... ....................... 17 Prepare SOW for CH2M Hill Traffic _ _ . ..._... _ ..... _ 100% _ . _ _. 1d 11/13 E 11113 __._........_._....._._ . .... .............. .._..__... ...... .............. ................ - ..................... ........... _ ............. .................. . ............ ......_..... 15 HGF Proposal Preparation _ ..... _ ..................... _. ................... ..._............. ...-.. ... ... .......__....................... 0% _........ 5d 11/13 11/17 .- ......... _.... I __ .... __ ............ ................. ....._..................... .._............................................... ._._._...._...._...._ ....................... ............ _.................. 18 CH21VIHIII Proposal .............. ._ ........... ........... ............. ............ .. ..... 0%6 . ....... ............. ........ _.. 5d 11/13 Q 11/17 .......... __-...- .......... ...._ .. ............................... . ... ........ -... ................ _ ........... ... .......... ._..............._................ ............... ........................... 28 HARP Commission Meeting .............. ................ - ._......_.._...... 0% _........................... 1d 11/13 ;11/14 _ ... ................. ................_ .......... .... .......... ..... _._........................................ ................... _ ............................................ ............. _ ................................... 111 Revise Rough Grading Plans - ..................... -. ................ ..__ .............. .......... ... ........ 0 % _......................... .__.....I.. 5 d 11/13 Q 11/17 _...._...... __ ....... __..___.._........._... ......._.._......._ ............................ _. ....... ............... ......._............................ ... ....................... .................. _ .................................. 20 Prepare SOW for Electrical Designer .......... _.._.......................... _._.._._ ..... .................... 0% _ ........ ........._._. 2d 111/ 11/15 ...................... .......... ......... .... ........... __. ................................ ...._............. ..................... .......................................... _ .......... .................... 21 Electrical Proposal _ .......... ........... ........ ..... ._........................ _............. 0/, ...................... __ ...... . 6d 11/15;[] 11 21 _.. ......... ........... .... 30 Revise Preliminary Cost Estimate ...................... ... 0% _ . ......... ......... 3d 11/1 1121 16 Review HGF Proposal & Award Contract 0% 5 d 11/17 ❑ 1123 i 19 Review CH2M Hill Proposal & Award Contract 0,6 5d 11 /1 T, ❑ 11/23 22 Review and Award Electrical Proposal 0% 5d 11/21 1127 I .. 31 Prepare Contract Modificalion for Final CD's 0111, Id 11/2;'1 11/23 110 CH2M Hill Traffic Flow /Stripping Review 0 % 15 d 11/23 � 12/11 32 Approve Contract Modification for Final Design ! 0 "• id 11/24 1124 j 33 Start Final Design Documents 0% Od . i 34 Perform Add'I Soil Borings / Env'I Samples 0 % 30d 11/24 F 1228 36 Prepare SOW for Additional Field Survey Work o °`^ 5s1 11/24 ( 11!30 46 Lake Elizabeth Path Material Selection 0% `d 11/24 11/30 - 47 Hydrology Designers Contract Award 0 % 5 d 11/24 E 11/30 102 Lonco Contract Award 0% Sd 11/24 d 11/30 Project: hp110295.mmp /11 -13- 95/0430 I Critical (_. Noncritical — Progress — Milestone Date: 11/10/95 June 9 i 0 - Proposed HARP Final Design Schedule Name % Complete Duration October Novemb Decemb January Februar March April May June July Augu<. 4 January HARP Commission Meeting 0% ) ._._..... ....... Od i 5 January HARP Commission Meeting 0,6 Od . 42 Lake Elizabeth Pedestrain Walks f Bike Path Design 0% 5d 1/9 1/15 ................. . ...... .................. .......... ............... .......... ........- 82 Boathouse Lay -out & Design ........ ._..._. ..__.,.................... 0% .. .... ._ 20d 1l9 1/31 _.. ........ ...... ................................. 41 WestPlaln Energy Plaza Design _........ 0% 10d 1/15E 1/25 .. ........ ....._ ..... .. ............. ......_......._ ........._..... ........... ......... .. _ ........ ........... ...................... 43 Lake Elizabeth Lighting Design ...... 0% _........ ....... ... 20d 1/15 2/6 ........ ..... ........ ............._................_ _ ........ _ ........ .... 51 Lake Eliz. Dam Cable TV Re- Routing Design ................_ 0% ... .......... -. 20d 1/15 2/6 ............. _ ... _ . .......... .. ................ _. ................... _..__.....__............................ ......... ...................... _ .............................. _._._......_ .......... _ .............. _ ......... 52 Lake Elizabeth West Dam Power Relocation Design -................................... ....__....__. 0% .. .... _.._.............. - .._... 30d ' 1/15 2/16 ....._............ ......... ..... ..................._........... ..- ...................._....._. _...._._.._.._ ..... _ .................. _ ..... _ ............... _ ..... ....... ..... ........ _ ......... _ ....... 85 Urban Core Detailed Lay -out and Grading ...._._... ._....._......._.._............. 0% ........... ........_.._.......__........._ 20d 1/15 2/6 _. _ .......... _ ............. .... .. ........._...._. ... 86 Lew Rhodes Parkway Detailed Lay -out and Design ......... ....... .... 0% 30 1/15 2/16 .......... ...... -_ ......._._._._............._............_.._....._.._._..__...._............................._................._...........__......._.._....._...._.................._.._.............................._.................................................................. 104 WestPlains Energy Parking Lot Design 0% .............................._ 15d 1/15 1/31 ..................... _........................_.._.................._......................__....-.........................._.............................._..............._....................................................__..._..........._......_._.........__._................--- 83 Water Clock Tower Design 0% 20d 1/19 2/12 ...... ..... ....._............__ ..... ........................................_............................. ._...... ...__.......... ......_.......... - ....................... _ ... ........................ _.. .......... 84 Lake Elizabeth / Hotel Channel Water Circulation Loop ................................... ............. 0% I-.._..... .._...._....................... 10d 1/19 EJ 1131 .................. ...................._ ........ ........ .................. .... ............... ............................................... ...._..._.. ............ ........... __.........__......._.. ..... --- .......... ..._ ................... ...... 79 Hotel / Confer. Lighting Design .............. _ ............ .._.............................. 0% _ ..... ...................... 20d 1/25 2/16 _ _.._.. .................... ........ ......... 95 Restroom / Commerical Space Design _ ...... ... ..... 0% ......... -._ 30d I 1/25 2/28 -- _. _.... ....... ........ .... ......... ...... . ........ 96 Access Tower Design .._........ .....__ 0% _ ............._.__ 30d 1/25 2/28 I_ 98 Urban Core Fountain Designs 0% 20d 1/25 2/16 I 100 Santa Fe Box Culvert Headwall Extension 0 % Sd —; — 1/25 Q 1131 80 Hotel 1 Conf. Planting Plans 1 0% 15d ! 1131 2/16 50 Prepare Dam Modification Permit 0%1 5d ( 2/6 2/12 I 92 Lew Rhodes Retaining Wall Design i 0%1 10d 2/6 2/16 ❑ — - — 97 Urban Core Lighting Design 0 20d 2/6 0 2/28 I i 109 Traffic Light / Controller Design 0% 30d 2/6 3/11 6 February Technical Review Meeting 0% Od I 53 Submit Dam Modification to State 0% 2 d 12 2/14 2/12 93 Urban Core Planting Plans I 0 °,6 15d 2/12 ❑ 2/28 — 7 February HARP Commission Meeting 0% Od 54 State Review of Dam Modification Permit (104d) 0 °6 45d 2/14 L 414 Project: hpl 10295.mmpil 1-13-95/0430 Critical Noncritica Progress Milestone Date: 11/10/95 Proposed HARP Final Design Schedule Name % Complete Duration October Novern Decemb January I Februar March April May June July August 44 Lake Elizabeth Planting Plaits 0% lod 2/16 2/28 81 Hotel Confer. Irrigation Design ... ........ .. ..... Rhodes 0% ... ...... ...... 10d I =8 87 Lew Parkway Lighting Design 0% 20d .. ......... .............. ... . .. ........ 16E::�] 3111 ..... ......... ...... 90 Riparian Area Design ................. 1-1-1- 0% --- 11 . ........ . I - - 20d I — — .............. . . ......... - 2/116 3111 E:�D ................... ........ ....... .......... - .......... ........ ......... 91 Nepesta Plaza Design ........ .... ... . ....... ............ ............ ............ ................. - ...................... . .. 0% ......... - .......... 10d 2/16 012t28 ................ 88 Lew Rhodes Planting Plans �... I ... ....... .........1.._.111 11 I 0% I .......... ....... . .. 15d 2/22 3(1111 45 Lake Elizabeth Irrigation Design ............ .. . .. .......... - 0% 26d 2t28 (�= 3/27 I ................... ...... ....... ................. ................. . 94 Urban Core Irrigation Design ............. .. ..... ....... 0% ..- 10d 2r28 xi i 8 March Technical Review Meeting .. . .... . .. . .............. . ....... ............. ........... ... ...... ..... . ........ ........... . ......... ................... . .......................... ......... 0% . . ............. Od ............ . ........ 89 Lew Rhodes Parkway Irrigation Design . ....... . .. ..... -.- ..................... .................... . .... ..... - .................. I ............................... .......... ......... .......... ....... . .......... 0% .............. . ...... .......... . ... 10d 3111 3211 9 March HARP Commission Meeting ..... ........ . ...... ....... ............ ...... . ..................... . ....... . ............... . .. - ................. ...... ........ ............ ...................... . ..................................... .................... . . .......... --- 0% ........... . ........ . ........ ...... . ....... Od . . . ............. 65 Draft Final Design Package Configuration .. . ... . ................ 0% .......... . . . ................. . ..... . ...... 6d 3/27 412 66 Draft Final Package Printing I Distribution - . ......... . ..................... ......................... ........................ - I 1 1. .................................... . .................... ...................... .. .............................. 0% 6d 412 4M 10 April Technical Review Meeting 111.11 ................ ............... I ...................... -.1 - -.1 -1_. .... ........... ............. ............................ . ....................................... ....................... ......... . 0% ...................................... Od 67 Draft Final Review and Comment ................... 0% ......._... 10d 4/8 F - 4/18 11 April HARP Commission Meeting 0% Od 58 Final Package Comment Incorporation 0% 5d 4/18 69 Final Package Approval Sit 4/24 4130 6 0 Final Package Printhig I Distribution 4 - 15/6 61 Final Design Package Complete 0% Od 62 Determine the Amount of Construction Money Available 0% Od 63 Prepare Construction Bid Package J 1 1 01 ?F111 5/61 1 5/28 12 May Technical Review Committee Meeting I ...... ..... ... - 0% Od 13 May HARP Commission Meeting 0% Od 64 Construction Contractor Proctitemeiit 5/28 7/17 66 Contractor Mobilization 17'd 7/17 82 66 Estimated Start of Construction I 0% Od Project: hp110295.mmp/11-13-95fD430 Date: 11/10/95 Critical Noncritical Progress Milestone