HomeMy WebLinkAbout8585RESOLUTION NO. 8585
A RESOLUTION APPROVING AMENDMENT NO.6 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. 6 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 December 14, 1998
BY: Rich Golend
Councilperson
4
APPROVED:
Presiders the ity Council
ATTEST:
-CAL,
City Clerk
0
Council Agenda
TITLE: A RESOLUTION APPROVING AMENDMENT NO. 6 AGENDA ITEM #
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 DATE : December 14, 1998
ISSUE
Should the City Council Approve Amendment No. 6 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
Amendment No. 6 supersedes and rescinds Amendment No. 5, which was approved by City Council
on October 26, 1998. This action is necessary to incorporate certain language into the contract with
DSW, as required by the Economic Development Administration.
FINANCIAL IMPACT
Design fees are estimated not to exceed $291,649 and will be paid from Economic Development
Administration (EDA) and El Pomar grants.
The estimated cost of the Phase 11 -B construction is $2.28 Million.
� �
0
AMENDMENT NO.6
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
THIS AMENDMENT NO. 6 to Agreement for Professional Engineering Services is made
and entered into this 1 44h day of December, 1998 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 and Amendments to that Agreement dated July 22,
1996, September 23, 1996, April 14, 1997, June 8, 1998 and October 26, 1998, 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 modify the contract to provide for the preparation of Bid Documents (including Contract
Documents, Plans and Specifications) and performance of construction administration activities by
Engineer with respect to Phase II -B of the Project and modifying the contract to include required
federal provisions applicable thereto;
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 and functions reasonably required or necessary for the Final
Design and Bidding and Construction Phases, as contemplated within paragraphs 1. 1, 2.3 and 2.4
of the Agreement, as amended, including the specific services set forth in Appendix A to
Amendment No. 2 to the Agreement, with respect to Phase II -B of the Project.
2. Appendix "A" to this Amendment No. 6 shall be added to the original Appendix A-
Scope of Services, and Engineer shall complete the work items described generally in Appendix "A"
to this Amendment No. 6 in accordance with the terms of the Agreement, and all prior amendments
thereto, for the performance of professional services with respect to the Final Design and Bidding
and Construction Phases for Phase II -B of the Project.
3. With respect to Engineer's services provided under this Amendment No. 6, Appendix
"B" to this Amendment No. 6 shall apply to compensation payable to Engineer, and to key personnel
and consultants employed or retained by Engineer, in connection with Engineer's services for the
work authorized by this Amendment No. 6. The aggregate compensation payable to Engineer for
performance of the additional services and reimbursable expenses shall not exceed the maximum
amount of $291,649.00.
4. This Amendment No. 6 is intended to replace and supersede Amendment No. 5 to
the Agreement in its entirety, and the parties state and agree that Amendment No. 5 shall be void and
of no effect whatsoever.
5. The Agreement is amended by the addition of a new paragraph 2.6 thereto, to read
as follows:
2.6 Requirements Where Federal Assistance Provided
Engineer's services and performance with respect to Phase II -B of the Project, and
with respect to any other work performed by Engineer on a phase of the Project receiving
Federal financial assistance from the U.S. Economic Development Administration, the
following provisions shall apply and shall control over any other provision of this Agreement
in conflict therewith:
(a) In addition to all other requirements of this Agreement, Engineer shall:
(1) Design the project in accordance with the intent of the Grant Award.
As used herein "Grant Award" shall mean the Financial Assistance Award to Project
No. 05 -01- 02935, and all amendments thereto, made by the U.S. Dept. of Commerce,
Economic Development Administration;
(2) Redesign the project in the event the preliminary cost estimate, the
final cost estimate, or the lowest responsive bid less deductive alternates, exceeds the
funds available by an amount or percentage to be mutually agreeable to the Owner
and the Engineer;
(3) Design any sewage treatment or other sewage facility so that a
certificate of adequacy of treatment can be obtained as required by Section 106 of the
Public Works and Economic Development Act of 1965;
(4) Include in all contracts and subcontracts of amounts in excess of
$100,000 a provision which requires compliance with all applicable standards,
orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401 et. seq.) and
the Federal Water Pollution Act (33 USC 1251 et. seq., as amended). Violations
shall be reported to EDA and to the regional office of the U.S. Environmental
Protection Agency.
(5) Include in all contracts and subcontracts in excess of the small
purchase threshold of $100,000 provisions or conditions which will allow for
administrative, contractual or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate;
(6) Include in all contracts in excess of $10,000 suitable provisions for
-2-
termination by the Owner including the manner in which it will be effected and the
basis for settlement. In addition, such contracts shall describe conditions under
which the contract may be terminated for default as well as conditions where the
contract may be terminated because of circumstances beyond the control of the
contractor.
(7) Include in all contracts in excess of $10,000 a provision requiring
compliance with Executive Order 11246, entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CFR Part 60);
(8) Include in all contracts in excess of $2,000 for construction or repair
a provision for compliance with the Copeland "Anti- Kickback" Act (18 USC 874)
as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act
provides that each contractor or subrecipient shall be prohibited from inducing, by
any means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he is otherwise entitled. The
Owner shall report all suspected or reported violations to EDA;
(9) Include in all construction contracts in excess of $2,000 a provision
for compliance with the Davis -Bacon Act (40 USC 276a to a -7) as supplemented by
Department of Labor regulations (29 CFR part 5). Under this Act contractors shall
be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less often than once a
week. A copy of the current prevailing wage determination issued by the Department
of Labor must be included in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. All suspected or
reported violations shall be reported to EDA. Davis -Bacon wage determinations are
not applicable to "Force Account" workers;
(10) Include in all contracts in excess of $2,000 for construction contracts
and in excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act (40 USC 327 -330) as supplemented
by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act,
each contractor shall be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate
not less than 1 -1/2 times the basis rate of pay for all hours worked in excess of 40
hours in the work week. Section 107 of the Act is applicable to construction work
and provides that no laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous, or dangerous to his
-3-
health and safety. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence. Work performance by employees of
the Owner (in -house forces) on the EDA assisted project will be subject to the
following:
a. Work performed in excess of eight hours per day will be
reimbursed by EDA at the normal rate of pay unless the Recipient can show
that a higher rate is required by State or local law or union contract;
b. Work performed in excess of 40 hours per week may be
reimbursed by EDA at a higher rate than normal if the Recipient can show
that it normally pays for such work at a higher rate. In any case, the rate for
work in excess of 40 hours per week may not exceed one and one half times
the normal hourly rate.
(11) Include a notice in all contracts involving research, developmental,
experimental or demonstration work requiring that all patentable processes,
discoveries or inventions which arise or are developed in the course of, or under,
such contract shall reported to EDA. The notice will state that the Government has
an interest in any such patentable processes, discoveries or inventions corresponding
to the percentage of total project cost funded by EDA;
(12) Include in all negotiated contracts (except those awarded by small
purchase procedures) a provision to the effect that the Owner, EDA, the Comptroller
General of the United States, or any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of the contractor which are
directly pertinent to that specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions;
(13) Include in all contracts a requirement that the contractor maintain all
relevant project records for three years after the Recipient has made final payment
to the contractor and all other pending matters are closed;
(14) State a specific timetable in the agreement for:
a. Completing preliminary plans and associated cost estimates;
b. Completing final plans, specificaions, and cost estimates;
C. Securing requried State and local approvals; and
d. Completing proposed contract documents in a form sufficient
for soliciting bids for construction of the project.
-4-
If the Owner has executed an Engineer agreement without such a requirement
for a timetable, EDA shall require that an addendum to the agreement be
executed to incorporate this requirement.
(15) Provide surveillance of project construction to assure compliance with
plans, specifications, and all other contract documents. If the Owner chooses to use
the Engineer as the project inspector, the requirements for construction inspection
services shall be clearly defined and a limit placed on the amount the Owner is
required to pay for such services;
(16) Be responsible for any damages arising from any defects in design or
negligence in the performance of the construction inspector, if the inspector is
furnished by the Engineer. EDA recommends that the Engineer be required to take
insurance, when available, to cover liability for such damages;
(17) Supervise any required subsurface explorations such as borings, soil
tests, and the like, to determine amounts of rock excavation or foundation conditions,
no matter whether they are performed by the Engineer or by others paid by the
Recipient;
(18) Attend bid openings, prepare and submit tabulation of bids, and make
a recommendation as to contract award;
(19) Review proof of bidder's qualifications and recommend approval or
disapproval;
(20) Prepare and submit proposed contract orders when applicable. There
shall be no charge to the Owner when the change order is required to correct errors
or omissions by the Engineer. To be eligible for EDA participation the specific
change order must have express approval from EDA and must have some form of
cost or price analysis performed by the Owner or the Engineer;
(21) Submit a report not less frequently than quarterly to the Owner
covering the general progress of the job and describing any problems or factors
contributing to delay;
(22) Review and approve the contractor's schedule of amounts for contract
payment;
(23) Certify partial payments to contractors;
(24) Assure that a ten percent (10 %) retainage is withheld from all
-5-
payments on construction contracts until final acceptance by the Owner and approval
by the EDA Regional Office, unless State or local law provides otherwise;
(25) Prepare "as- built" or record drawings after completion of the project.
Reproducible originals will be furnished to the Owner within 60 days after all
construction has been completed and the final inspection has been performed. One
set of copies shall be furnished to the EDA Regional Office only if requested by the
Regional Office;
(26) Review and approval Contractor's submission of samples and shop
drawings, where applicable;
(27) Comply with all Federal statutes relating to non - discrimination.
These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which
prohibits discrimination on the basis of race, color, or national origin.
b. Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. 1681 -1683, and 1685 -1686) which prohibits discrimination on the
basis of sex;
C. Section 504 of the Rehabilitation Act of 1973, as amended (28
U.S.C. 794) which prohibits discrimination on the basis of handicaps;
d. the Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 -6107) which prohibits discrimination because of age;
e. the Drug Abuse Office and Treatment Act of 1972 (P.L.. 93-
255), as amended, relating to non - discrimination on the basis of drug abuse;
f. the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
amended, relating to non - discrimination on the basis of alcohol abuse or
alcoholism;
g. 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd -3 and 290- ee -3), as amended, relating to confidentiality of
alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et.
seq.), as amended, relating to non - discrimination in the sale, rental or
financing of housing;
IMe
i. any other non - discrimination provisions in the specific
statute(s) under which the application for Federal assistance is being made;
and
j. the requirements on any other non - discrimination statute(s)
which may apply.
(28) Incorporate into the proposed construction contract documents a
designation of all of the different types of construction which will be used for the
project; such as Building, Heavy or Highway in accordance with all local and State
laws and practices. For this purpose either the plans, the specifications or both shall
clearly delineate where each type stops and another starts;
(29) Consider in the establishment of the compensation any cost savings
that may be realized through multiple use of the same design;
(30) Provide in all proposed construction contracts deductive alternates
which can be taken, if necessary, to reduce the bid price (additive alternates will not
be eligible for EDA participation), so that the lowest responsive base bid for
construction of the project will not exceed the funds available.
(31) Design the facility to comply with the Americans with Disabilities Act
(ADA) (P.L. 101 -336) and the Accessibility Guidelines for Buildings and Facilities,
as amended, (36 CFR Part 191 and Executive Order 12699.
(32) Design for seismic safety in accordance with Executive Order 12699
which imposes requirements that federally assisted facilities be designed and
constructed in accordance with the 1991 ICBO Uniform Building Code or 1992
Supplement to the BOCA National Building Code and /or 1991 Amendments to the
SBCC Standard Building Code.
(33) Provide sufficient plans, specifications, bid sheets, cost estimates,
design analysis, and other contract documents required for the project. The number
of copies to be furnished by the Engineer as part of his/her compensation for basic
services shall be specified; and
(34) Use forms for instructions to bidders, general conditions, contract,
bidg bond, performance bond, and payment bond which meet EDA requirements.
All proposed contract documents are subject to EDA approval. Documents contained
in "Contract Documents for Construction of Federally Assisted Water and Sewer
Projects" are acceptable to EDA for this purpose.
(b) Engineer shall coordinate the advertisement for bids, and bid procedures for
-7-
Phase II -B of the Project with Owner's Director of Purchasing, and shall verify that same
conform to the special requirements set forth in paragraph 7 of Section II of U.S. Economic
Development Administration's publication, "Requirements for Approved Projects, Ninth
Addition (Nov 1997)," as amended, pp. 7 -8, Section II.
(c) Paragraph 2.3(e) of the Agreement shall continue to apply to Engineer's work,
provided, however, that with respect to Phase II -B of the project, Owner's standard forms of
agreement, warranty, payment and performance bonds, general conditions and selected
specifications shall be modified by special conditions, drafted by Engineer, to the extent
necessary in order that the same do not conflict with requirements applicable to the
construction documents by virtue of the financial assistance provided by the U.S. Economic
Development Administration.
6. Except as expressly modified by this Amendment No. 6, the Agreement (including
prior Amendment Nos. 1 through 4 inclusive) shall remain in full force and effect. Any obligations
remaining to be performed under the original Agreement (and prior amendments) 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 accor-
dance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 6.
IN WITNESS WHEREOF, Owner and Engineer have executed this Amendment No. 6 To
Agreement For Professional Engineering Services as of the date first above written.
CITY OF PUEBLO ENGINE
DESIGN TUDIOS EST, INC.
By Q
President b he City Council By 1
Attest: 0�__
City Cler
[SEAL,1
Title:
By �► fJ��.
Title: f3olez f Mww..,--
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
Director f Finance
APPROVED AS TO FORM:
City Attorne ...
F:\ FILES\ CITY \PLANNING\HARP\ENGNRNG \AMEND6. WPD -O
Appendix A
Scope of Services
HARP Phase II -B
Contract Amendment #6:
DATE: AUGUST 12,1998 DSW PRoj. NUMBER: 93,
PROJECT: HoTORic ARKANSAS RIvERWALK OF PUEBLO - PHASE II-B
CITY CoN7RAcr No: K -36229
A. Description of Work:
(1) Based upon a construction budget of approximately $2.2S4 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 1,99.
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 forbidding, 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 Il -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.
-- •- crrr n %inrtr TP Paae 1 of I
APPENDIX B
ESTIMATED FEES
FOR
HARP PHASE II -B
CONTRACT AMENDMENT # 6
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
Sellards and Grigg, Inc. $27,552
RHNI Group $7,280
Estimated Duration 6 months
TOTAL ESTIMATED CONSTRUCTION ADMIN. FEE .......... .......................$126,139
Fee Break -out:
DSW Fees $109,200
Project Engineer/ Manager ($65 /hr) $101,400
Senior Landscape Arch. I ($65 /hr) $7,800
Estimated Reimbursable Expenses $8,931
Estimated Sub - consultant Fee's
$8,008
HGF Architects
$2,008
Sellards and Grigg, Inc.
$2,000
RHM Group
$2,000
Aqua Engineering
$2,000
Estimated Duration: 9 months