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HomeMy WebLinkAbout7958RESOLUTION NO. 79SR A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO AND DESIGN STUDIOS WEST, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE HISTORIC ARKANSAS RIVERWALK PROJECT, AND ESTABLISHING A CONTINGENCY FUND FOR ADDITIONAL SERVICES THAT MAY BE REQUIRED BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CFrTTnN 1 Amendment No. 2 to the Agreement for Professional Engineering Services associated with the Historic Arkansas Riverwalk Project, by and between the City of Pueblo, a Municipal Corporation, and Design Studios West, Inc., a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Amendment in substantially the same form as attached, for and on behalf of the City of Pueblo, and the City Clerk is hereby directed to attest same and affix the seal of the City thereto. SECTION 3. Funds for said Professional Services, in the amount of $302,300.00, shall be paid from the proceeds of the HARP Bonds, Account No. 03 - 7-I996--IJG- 000 -040- 0020. SECTION 4. In addition to the amount set forth in Section 3, a contingency fund is hereby established in the amount of $196,600.00 for additional services that may be required. This fund shall be taken from the proceeds of the HARP Bonds, Account No. 037 - 1996 -100- 000 - 040 -0020. INTRODUCED September 23 ,1996 By Samuel orsen ino Councilperson APPROVED: President f the Council ATTEST: City Clerk -2- AMENDMENT NO. 2 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AMENDMENT NO. 2 to Agreement for Professional Engineering Services is made and entered into this 23rd day of September, 1996 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Owner ") and Design Studios West, Inc., a professional engineering firm (hereinafter referred to as "Engineer "). WHEREAS, Owner and Engineer have heretofore entered into an Agreement (hereinafter "the Agreement ") dated November 27, 1995 wherein Engineer agreed to render certain professional engineering and related services for Owner in connection with the Historic Arkansas Riverwalk Project (hereinafter referred to as the "Project "); and WHEREAS, the parties agree that Amendment to the Agreement is necessary and desirable to increase the contract amount to include Construction Phase Services; NOW, THEREFORE, in consideration of the foregoing and mutual terms and conditions set forth herein, the parties agree as follows: 1. The Agreement is amended by expanding the scope of work to include all professional engineering services reasonably required or necessary for the "Construction Phase" as contemplated within paragraphs 1.1 and 2.4 of the Agreement. 2. Appendix "A" to this Amendment No. 2 shall be added to the original Appendix A -Scope of Services, and Engineer shall complete the work items de- scribed generally in Appendix "A" to this Amendment No. 2 in accordance with the terms of the Agreement for the performance of professional services in the Construction Phase of the Project. 3. With respect to Engineer's services provided during the Construction Phase, Appendices "B" and "C" to this Amendment No. 2 shall apply to compen- sation payable to Engineer, and to key personnel and consultants employed or retained by Engineer, in connection with Engineer's services during said phase of the Project. 4. Except as expressly modified by this Amendment No. 2, the Agreement (including the prior Amendment) shall remain in full force and effect. Any obligations remaining to be performed under the original Agreement by either party, relating to the professional services to be performed by Engineer generally or with respect to other phases of the project are not waived or excused in any manner, but shall be fully performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 2. IN WITNESS WHEREOF, Owner and Engineer have executed this Amendment No. 2 To Agreement For Professional Engineering Services as of the date first above written. ENGINEER: CITY OF PUEBLO A MUNICIPAL CORPORATION DESIGN STUDIOS WEST, INC. WORM By Title i E'er BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: Director of Finance APPROVED AS TO FORM: Cfty Attor y -2- APPENDIX A SCOPE OF SERVICES I. DESCRIPTION OF CONTRACT ADMINISTRATION SERVICES 1.0 Submittal Services consisting of: .01 Processing of submittals, including receipt, review of, and appropriate action on Shop Drawings, Product Data, Samples and other submittals required by the Contract Documents .02 Distribution of submittals to Owner, Contractor and /or Engineer's field representative as required .03 Maintenance of master file of submittals .04 Related communications. 2.0 Observation Services consisting of a full -time (40 hours per week) Engineer, and an Engineer's Assistant if authorized by the Owner, familiar with the progress and quality of the Work completed and to determine in general if the Work when completed will be in accordance with the Contract Documents; preparing related reports and communications. 3.0 Testing and Inspection Administration relating to independent inspection and testing agencies, consisting of: .01 Administration and coordination of field testing required by the Contract Documents .02 Recommending scope, standards, procedures and frequency of testing and inspections .03 Arranging for testing and inspection on Owner's behalf .04 Notifying inspection and testing agencies of status of Work requiring testing and inspection .05 Evaluating compliance by testing and inspection agencies with required scope, standards, procedures and frequency .06 Review of reports on inspections and tests and notifications to Owner and Contractor(s) of observed deficiencies in the Work. 4.0 Supplemental Documentation services consisting of: .01 Preparation, reproduction and distribution of supplemental Drawings, Specifications and interpretations in response to requests for clarification by Contractor(s) or the Owner .02 Forwarding Owner's instructions and providing guidance to the Contractor(s) on the Owner's behalf relative to changed requirements and schedule revisions. 5.0 Quotation Request /Change Orders consisting of: .01 Preparation, reproduction and distribution of Drawings and Specification to describe Work to be added, deleted or modified .02 Review of proposals from Contractor(s) for reasonableness of quantities and costs of labor and materials .03 Review and recommendations relative to changes in time for Substantial Completion .04 Negotiations with Contractor(s) on Owner's behalf relative to costs of Work proposed to be added, deleted or modified .05 Assisting in the preparation of appropriate Modifications of the Contract(s) for Construction .06 Coordination of communications, approvals, notifications and record- keeping relative to changes in the Work. Appendix A -Final Scope of Services - 9531 /cn /apndixA.doc A-1 6.0 Contract Cost Accounting services consisting of: .01 Maintenance of records of payments on account of the Contract Sum and all changes thereto .02 Evaluation of Applications for Payment and certification thereof. 7.0 Interpretations and Decisions consisting of: .01 Review of claims, disputes or other matters between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents .02 Rendering written decisions within a reasonable time and following the procedures set forth in the Contract for Construction. 8.0 Project Closeout services initiated upon notice from the Contractor(s) that the Work, or a designated portion thereof which is acceptable to the Owner, is sufficiently complete, in accordance Nvith the Contract Documents, to permit occupancy or utilization for the use for which it is intended, and consisting of: .O1 A detailed inspection with the Owner's representative for conformity of the Work to the Contract Documents to verify the list submitted by the Contractor(s) of items to be completed or corrected .02 Determination of and recommendation to the Owner of the amounts to be withheld until final completion .03 Securing and receipt of consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payments(s) .04 Issuance of Certificate(s) of Substantial Completion .05 Inspection(s) upon notice by the Contractor(s) that the Work is ready for final inspection and acceptance .06 Notification to Owner and Contractor(s) of deficiencies found in follow -up inspection(s), if any 07 Final inspection with the Owner's representative to verify final completion of the Work .08 Receipt and transmittal of warranties, affidavits, receipts, releases and waivers of liens or bonds indemnifving the 0%vner against liens .09 Securing and receipt of consent of surety or sureties, if any, to the making of final pavment(s) .10 Issuance of final Certificate(s) for Payment. 9.0 Record Drawing services consisting of: .01 Making arrangements for obtaining from Contractor(s) information in the form of marked -up prints, drawings and other data certified by them on changes made during performance of the Work .02 Review of general accuracy of information submitted and certified by the Contractor(s) .03 Preparation of record drawings based on certified information furnished by the Contractor(s) .04 Transmittal of record drawings and general data, appropriately identified, to the 0%� ner and others as directed. II. ADDITIONAL PROVISIONS 10.0 Authority of Engineer. The Engineer shall have the authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. Appendix A -Final Scope of Services - 9531 / i n/ apndixA.dox- A -2 11.0 Duration of Construction Phase. The Engineer's responsibility to provide services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment of the Contract or 60 days after the date of Substantial Completion of the Work. 12.0 Communications. Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner (including the Owner's Inspector) and Contractor shall communicate through the Engineer. Communications by and with the Engineer's Consultant shall be through the Engineer. 13.0 Preconstruction Conference. The Engineer shall assist at a Preconstruction Conference with Contractor and shall take and distribute to the Owner and the Contractor written minutes of the Preconstruction Conference. 14.0 Weekly Meetings. The Engineer shall take written minutes of all weekly Project meetings and distribute such minutes to the Owner and Contractor within five days of such meetings. 15.0 Interpretations and Decisions: Timing. The Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents on written request of the Owner. The Engineer's response to such request shall be made with reasonable promptness and within any time limits agreed upon. 16.0 Interpretations and Decisions: Form and Intent. Interpretations and decisions of the Engineer shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Engineer shall not be liable for the results of interpretations or decisions so rendered in good faith. 17.0 Minor Changes. The Engineer may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 18.0 Engineer's Responsibility for Observation. On the basis of on -site observations, the Engineer shall endeavor to keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work. The Engineer shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. Daily on -site inspections will also be conducted by a qualified City of Pueblo Public Works Department Inspector. The Engineer and Owner's on -site inspector shall keep detailed daily logs of all work and activities performed on the Project and activities undertaken and other daily occurrences on the Project. Appendix A -Final Scope of Services - 9531 /cn/ apndixA.doc A_,, 19.0 Means and Methods. The Engineer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Engineer shall not be responsible for the Contractor's schedules or failure to carry out the Work. The Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 20.0 Rejection of Work. The Engineer shall have authority to recommend to the Owner that it reject Work which does not conform to the Contract Documents. Any such recommendation shall be in writing and shall state the reasons for the recommendation. Whenever the Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Engineer may recommend to the Owner that it undertake additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installed or completed. However, neither this authority of the Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Engineer to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 21.0 Failure to Comply with Contract Documents. Should the Contractor or any Subcontractor fail to comply with the Contract Documents, drawings, specifications, designs or plans for the Project, and if such failure is observed by the Engineer, Engineer shall report such failure in writing to the noncomplying Contractor and to the Owner. If the Owner's Director of Public Works is unavailable to be reached by telephone, the Engineer may, if appropriate, issue a stop work order to the Contractor for up to four hours. If, in issuing such stop work order to the Contractor, the Engineer acts in accordance with the professional standards for performance of its services under this Agreement, it shall not be responsible for any delay in the performance of the construction caused by its issuance of such stop work order. After the expiration of the four -hour stop work order or as soon as notice is given to the Owner of the stop work order by the Engineer, whichever occurs first, the Engineer shall recommend to the Owner whether the suspension should continue and provide the Owner with a written statement regarding such stop work order including the failure of the Contractor and the circurnstances surrounding the issuance of the stop work order. Anv further suspension of the construction shall be the responsibility of the Owner. 22.0 Termination. In the event the Engineer becomes aware of any condition or event justifying termination of the Construction Contract for cause, the Engineer shall notify the ONvner ..)f same. 23.0 Notice from Owner. A prompt written notice shall be given by the Owner to the Engineer if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. Appcndis A -Fin it Scope of Services - 1 )531 A--r 24.0 Schedule Problems. If, in the Engineer's opinion, the Contractor has fallen behind in its construction schedule, the Engineer shall immediately notify the Owner's Director of Public Works. If the Contractor refuses or fails to. prosecute the Work, or any part thereof, with such diligence as will ensure its completion within the time specified in the Contract, or any extension thereof, or fails to complete.said work within such time, or refuses to correct defective work, the Engineer shall immediately notify the Owner and recommend a course of action. 25.0 Certificates of Payment. The Engineer's certification of the Contractor's applications for payment and representations relating thereto are subject to any subsequent evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Engineer. The issuance of a Certificate of Payment shall not be a representation that the Engineer has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 26.0 Certificates and Certifications. The proposed language of certificates or certifications requested of the Engineer or Engineer's Consultants shall be submitted to the Engineer for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services of the Engineer or the Engineer's Consultants beyond the scope of this Agreement. 27.0 Submittal Review. The Engineer's review of Contractor's submittals shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, or its Subcontractors or suppliers, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Engineer's review shall not constitute approval of safety precautions nor, unless otherwise specifically stated by the Engineer, of construction means, methods, techniques, sequences or procedures. The Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 28.0 Reliance on Professional Certification. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon such certification from professional persons or entities supplying the materials, systems or equipment, or services for testing materials, systems or equipment, to establish that they meet the requirements of the Contract Documents. Appendix A -Final Scope of Services - 9531 /cn /apndixA.doc A -5 29.0 Environmental Matters. The Engineer shall coordinate with its Environmental sub- consultant, Terracon, in the implementation of the Application for a No- Action Determination for the Historic Arkansas Riz4erzi�alk Project ( "Application') which has been approved by the Colorado Department of Public Health and Environment ( CDPHE). DSW will subcontract with Terracon to perform the oversight required to enable Engineer to submit a certification letter to the CDPHE at the end of the project indicating compliance with the soil and groundwater management plan set forth in the Application. If Engineer shall observe the presence of hazardous material or toxic substances on the Project site during its performance of this Contract, or if the Contractor identifies suspected hazardous waste and notifies the Engineer, the Engineer shall immediately notify the Owner and contact its Environmental subconsultant for further evaluation. Owner acknowledges that Engineer has neither created nor contributed to the creation or existence of any hazardous material or toxic substances or conditions at the Project site. Nothing in this paragraph is intended, nor should it be construed, to render Engineer as owner, generator, disposer or transporter of any hazardous material or toxic substances encountered on the Project site, nor an "arranger" for the storage, disposal or transport of any hazardous material or toxic substance stored at or removed from the Project site. Owner acknowledges that Engineer's professional liability insurance policy (hereinafter Policy) excludes coverage for "pollution claims" and certain claims involving asbestos as described in said policy, a copy of which has been provided to Owner. For purposes of this section 29, claims of any default or nonperformance by Engineer of its contractual commitments set forth in this section 29 are not intended to constitute pollution or asbestos claims excluded under Engineer's Policy. Owner agrees that Engineer shall have no liability to Owner for pollution or asbestos claims excluded by Engineer's Policv, except to the extent that Engineer's environmental subconsultant, Terracon, is liable to Engineer for anv such claims. 30.0 Final Inspection. The Engineer shall attend the final inspection with the Contractor and the Owner to ascertain that all work performed by the Contractor has been performed in accordance with the Contract Documents. At the time of such final inspection, a final punchlist shall be agreed to by the Engineer and the Owner, and made in sufficient detail to fully outline to the Contractor: (1) Work to be completed, if any; (2) Work not in compliance with the Contract Documents, drawings or specifications, if any; and (3) unsatisfactory Work, if am'. 31.0 Review of Claims. Prior to final payment to the Contractor, the Engineer shall review all outstanding claims and contract requests of any type or description, which have not been resolved during the construction phase of the Project and shall prepare a written report outlining the background and status of such claims and making recommendations as to the ultimate disposition of such outstanding claims. Nothing in this paragraph is intended to modify or waive the required claim procedures set forth in the Contract Documents between the Owner and Contractor. P N V R 1.600064-45.01 3, /97 6 0 ; PNI APPe11d1v A -Final Scope of Services - 9531 /cn/apndixA.doc A-6 APPENDIX B ESTIMATED FEES The following is an estimate of the amount of fees DSW anticipates will be charged for the services to be performed for construction contract administration services under this Agreement. Such estimates are by their nature inexact and cannot be binding on either Engineer or Owner. The following estimate Nvas made for planning purposes only and is in all respects subordinate to DSW's regular billing procedures and the hourly rates and reimbursable cost provisions contained on the previous page. Construction Administration for Phase One Construction Project No. 96 -043, Historic Arkansas Riverwalk Project, Phase One Total Estimated Fee (Includes Base and Additional Services) ........................... ............................... $498,800 BASEFEE SERVICES ...................................................................................... ............................... $302,300 Assumptions: Estimated Duration 18 months DSW Fees $211,000 Project Engineer (40 hrs /wk @ $65/ hr) $203,000 Clerical (4 hrs /wk @ $25/ hr) $8,000 Estimated Reimbursable Expenses Estimated at $1,000 /mo. Mileage at 0.32/ mile (Estimated $60/ wk) $260 Long Distance Phone/ FAX Services $200 Mobile Phone Service $60 Project Photographs $30 Computers $150 Misc. Office /Plotter Supplies $50 Project Related Prints $150 Misc. Expenses - (Parking, Meals) $100 Estimated Sub - consultant Fee's (See Attached Break -out For Details) Lonco, Inc. $25,700 Sellards and Grigg, Inc. $25,700 RHM Group $5,000 CH2M Hill $6,400 HP Geotech $8,500 $20,000 $71,300 ADDITIONALSERVICES: ............................................................................................................ $196,500 Engineer's Assistant (40 hrs /wk @ $55 /hr) $172,000 Terracon, Inc. $24,500 ** ** = This is an estimate only. If contamination is encountered during construction, additional funding may be required. Appendix B Estimated Fees - 9531 /cm /apndxb.doc B -1 Detailed Break -Out of Subconsultant Fee's CONSULTANT Description EST. HRS $ /HR EXPENSES EST COST TOTAL COST Lonco $24,480 Submittals 32 $75 $20 $2,420 Rebar Inspections (3 Bridges) Z4 $75 $20 $1,820 Abutment Pour ( 1st Day) 8 $75 $120 $720 Threading Strand (3 Bridges) 48 $75 $360 $3,960 Stressing Strand (3 Bridges) 48 $75 $360 $3,960 Grouting Strand (3 Bridges) 48 $75 $360 $3,960 Clarifications 60 $75 $120 $4,620 Final Inspections 12 $75 $120 $1,020 Record Drawings 24 $75 $200 $2,000 Sellards & Grigg $24,455 Submittals 40 $85 $30 $3,430 Channel Jointing /Concrete 80 $85 $480 $7,280 Lake Elizabeth Lining 1 6 $85 $240 $1,600 Raw Water Line 3 $85 $120 $800 Storm/ Sanitary Sewers 16 $85 $120 $1,480 Questions /Clarifications 60 $85 $25 $5,125 Final Inspections 12 $85 $120 $1,140 Record Drawings 40 $85 $200 $3,600 RMH Group $4,705 Submittals 8 $80 $30 $670 Clarifications 12 $80 $960 Final Inspections 12 $80 $120 $1,080 Record Drawings 24 $80 $75 $1,995 Terracon $23.290 Site Inspect. (1trip /week for 5 month 176 $75 $2,640 $15.840 Main /Elizabeth Excavation Area (5 d 40 $75 $350 $3,350 Gas Station Excavation Area (3 days 24 $75 $250 $2,050 Victoria /Union Area (3 days) 24 $75 $250 $2,050 CH2M Hill $6,110 Submittals 8 $90 $30 $750 Site Inspections 16 $90 $220 $1,660 Clarificaitons 16 $90 $1,440 Record Drawings 24 $90 $100 $2,260 H -P Geotech $8,050 Site Inspections 100 $80 $50 $8,050 TOTAL SUBCONSULTANTS $91.090 5% DSW CONTRACT ADMINISTRATION FEE $4,555 TOTAL ESTIMATED COST $95,645 Appendix B E,Aimated B_2 APPENDIX C IDENTIFICATION OF KEY PERSONNEL, SUBCONTRACTORS, TASK RESPONSIBILITIES Key Project Personnel: Mark Austin, P.E. -- Project Engineer / Project Manager Responsibilities: Professional Site Observation Services; Engineering Design and Drawings, Specifications, Calculations, Engineering Subconsultant Management, Construction Cost Estimates, Schedules Staff -- Engineer's Assistant Responsibilities: Assist the Project Engineer in overall construction administration services. Subconsultants: All subconsultants proposed by DSW for the project have been approved by the City of Pueblo Director of Public Works. DSW anticipates the following specialty subcontractors will be required for the project: Geotechnical Consultant - HP Geotech Hydrological Engineering - Sellards and Grigg, Inc. Structural Engineering - Lonco, Inc. Traffic Engineering - CH2M Hill Electrical Engineering - RMH Group Environmental - Terracon, Inc. Geotechnical Materials / Environmental Testing - Selected By City of Pueblo Surveying - Selected By City of Pueblo Appendix C -Rev 1 Key Personnel- /9531 /cn /appendc.doc C -1