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Home My WebLink About8554RESOLUTION NO. 8554 A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE 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: SECTION 1 The Amendment No. 5 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 Funding for said Professional Services, in the amount of $291,649, shall be taken from grants to the HARP Project from the Economic Development Agency (EDA) and El Pomar, and paid from Account No. 037 - 1998 - 100 - 000 - 040 -0020. INTRODUCED October 26, 1998 BY: Rich Golenda Councilperson APPROVED: President oahe C uncil ATTEST: WN, W-40 - W-- 14 � WIR W ME 4, M Council Agenda TITLE: A RESOLUTION APPROVING AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO AND DESIGN STUDIOS WEST, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE HISTORIC ARKANSAS RIVERWALK PROJECT DEPARTMENT: PUBLIC WORKS ISSUE 104 AGENDA ITEM # S DATE : October 26, 1998 Should the City Council approve Amendment No. 5 to the Agreement between the City of Pueblo and Design Studios West, Inc., for Professional Services associated with the Historic Arkansas Riverwalk Project. RECOMMENDATION Approval of this Resolution BACKGROUND This amendment No. 5 to the contract with Design Studios West will provide detail design and construction documents for Phase II -B of the HARP Project, which includes parking lot improvements, boathouse /restroom facilities, amphitheater /Civic Plaza, Lake Elizabeth Events Plaza and the northside channel walkway. This amendment will also provide for construction management services for this phase of the project. The estimated time to complete the plans and specifications for this phase of the project is six months. FINANCIAL IMPACT Design fees are estimated not to exceed $291,649 and will be paid from Economic Development Agency (EDA) and El Pomar grants. The estimated cost of the Phase II -B construction is $2.28 Million. AMENDMENT NO. 5 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AMENDMENT NO.5 to Agreement for Professional Engineering Services is made and entered into this 26 day of October, 1998 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Owner" and Design Studios West, Inc.,) hereinafter referred to as "Engineer "). WHEREAS, Owner and Engineer have heretofore entered into an agreement dated November 27, 1995, and Amendments to that agreement dated July 22, 1996, September 23, 1996, April 14, 1997 and June 8t 1998, (hereinafter "the Agreement "), 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 an Amendment to the Agreement is necessary and desirable to increase the contract amount for the preparation of Phase II -B Bid Documents. 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 the additional services outlined in Appendix "A" to this Amendment. 2. The Engineer shall complete the work items generally described in Appendix "A" to this Amendment in accordance with the terms of the Agreement. With respect to Engineer's services provided under this Amendment, Appendix `B ", "Fee Schedule" of the Agreement shall apply to compensation payable for key personnel, reimbursable expenses, and media costs, and shall be increased in the amount of $291,649 for the work authorized by this Agreement. 4. Except as expressly modified by this Amendment, the Agreement 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. IN WITNESS WHEREOF, Owner and Engineer have executed this Amendment No. 5 to Agreement for Professional Engineering Services as of the date first above written. CITY OF PUEBLO EN A MUNICIPAL CORPORATION DE By By Presideff of ty Council Titl ATTEST: By City Clerk Title °�` � Wt^- UV- - , DCy,r BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: APPROVED AS TO FORM: Director of Finance Attorney Appendix A Scope of Services HARP Phase II -B Contract Amendment #5 DATE: AUGUST 12,1998 DSW PRoj. NumBER: 9845 PROJECT: HISTORIC ARKANSAS RIVERWALK OF PUEBLO — PHASE H -B CITY CONTRACT No-- K -36229 A. Description of Work: (1) Based upon a construction budget of approximately $2.284 million, provide detail design and construction documents for the EDA funded HARP elements to include parking lots, sidewalks, landscaping, boathouse / restroom as identified in the EDA Grant application; the El Pomar amphitheater / Civic Plaza; the Lake Elizabeth Events Plaza; and north side channel walkway. Work shall include research and feasibility studies by consultant and subconsultant on alternative boathouse /restroom building location with tower and elevator options; revised parking lay -outs in areas nearest private sector pads to develop maximum number of parking spaces; and potential for underground equipment storage room to serve future El Pomar / Civic Plaza area. Work shall include close coordination with City, Commission, and Foundation stall along with programming workshop to confirm appropriate functions, size, and programmed uses. (2) Provide Construction Administration support services for Phase II -b, as defined in Contract Amendment #2, with the exception that DSW's work will not include any environmental investigation/ Voluntary Clean-up Plan services. The City of Pueblo will provide Materials Testing support for Phase II -b. B. Work Shall Be Performed By: Design Studios West, Inc. and subconsultants (HGF Architects, Sellards and Grigg; RMH Group, Aqua Engineering) C. Schedule of Completion Shall Be. The project through Construction Documents is estimated as being of twenty -six weeks duration, and based upon a start date of November 1998, the work shall be completed no later than May 1, 1999. Bidding is tentatively scheduled for May through June 1999, with construction to commence in July 1999. D. Compensation: The estimated, not to exceed fee shall be $291,649 to include all prime consultant and subconsultant services and indirect costs through preparation of the construction documents for bidding, and Construction Administration services by DSW and periodic construction observation by subconsultants. E. Other Terms and Conditions: The City of Pueblo, Economic Development Administration (EDA), the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly authorized representatives, shall have access to any document, book, papers, technical reports of Design Studios West, Inc., which are directly pertinent to the HARP Phase II -b Project, for the purposes of making an audit, examination, excerpts, and transcriptions. DSW shall maintain all records associated with HARP Phase II -b for a minimum of three years after the City of Pueblo makes final payment and all pending matters are closed. All other terms and conditions of the contract shall remain unchanged. All costs associated with this activity will be tracked as a separate work scope item on DSW's monthly billing. 9845/DSW/PHASEU -B- MOD -LTR Pate I of I APPENDIX B ESTIMATED FEES FOR HARP PHASE 11-B CONTRACT AMENDMENT #5 TOTAL ESTIMATED DESIGN / CONSTRUCTION ADMIN. FEE ...... $291,649 TOTAL ESTIMATED DESIGN FEE ................................... ............................... $165,510 Fee Break -out: DSW Fees $84,790 Principal. Landscape Arch. ($65 /hr) $38,090 Landscape Arch. I ($55 /hr) $24,200 Landscape Arch. II ($45 /hr) $22,500 Estimated Reimbursable Expenses $10,828 Estimated Sub - consultant Fee's $69,892 HGF Architects $35,060 i Sellards and Grigg, Inc. $27,552 RHM Group $7,280 Estimated Duration 6 months TOTAL ESTIMATED CONSTRUCTION ADMIN. FEE ..... .... .......................$126,139 Fee Break -out: DSW Fees Project Engineer/ Manager ($65 /hr) Senior Landscape Arch. I ($65 /hr) Estimated Reimbursable Expenses Estimated Sub - consultant Fee's HGF Architects Sellards and Grigg, Inc. RHM Group Aqua Engineering $109,200 $101,400 $7,800 $2,008 $2,000 $2,000 $2,000 $8,931 $8,008 Estimated Duration: 9 months