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