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HomeMy WebLinkAbout10825RESOLUTION NO. 10825 A RESOLUTION APPROVING AN AMENDMENT NO. 2 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC., FOR PERFORMING ADDITIONAL SERVICES IN COMPLETING THE CONSTRUCTION DOCUMENTATION AND BIDDING PHASE FOR PHASE III A -1 OF THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City approved an agreement with Design Studios West, Inc. ( "DSW ") on February 27, 2006, and Amendment No. 1 to the agreement on April 24, 2006 to prepare the Construction Documentation and Bidding Phase for Phase III A -1 of the Historic Arkansas Riverwalk of Pueblo ( "HARP "). WHEREAS the City now desires to have DSW perform additional services in order to complete the Construction Documentation and Bidding Phase for this Phase of HARP; and WHEREAS, the City of Pueblo and the HARP Foundation have funds available for completion of the Construction Documentation and Bidding Phase for HARP Phase III A -1; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 Amendment No. 2 to the Agreement for Professional Design Services dated February 27, 2006, and Amendment No. 1 dated April 24, 2006 between the City of Pueblo, a Municipal Corporation, and Design Studios West. Inc. ( "Amendment No. 2 "), a copy of which is attached and incorporated herein and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver Amendment No. 1 in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3 Funds in the amount of $40,100 will be paid from the HARP Phase III A -1 Capital Improvement Project No. PWHP07 for performance and completion of the Construction Documentation and Bidding Phase for Phase III A -1 of HARP. INTRODUCED October 10, 2006 BY Randy Thurston C ^_ on // /� /� APPROVED: ^� �- a . `. ��c' President of City Council ATTESTED BY: CITY CLERK Po . 14 /09.25 D � � t �1 p Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: OCTOBER 10, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION APPROVING AN AMENDMENT NO. 2 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC., FOR PERFORMING ADDITIONAL SERVICES IN COMPLETING THE CONSTRUCTION DOCUMENTATION AND BIDDING PHASE FOR PHASE III A -1 OF THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a second amendment to the Agreement with Design Studios West, Inc. to perform additional service as part of completing the Construction Documentation and Bidding Phase for the HARP Phase III A -1 project? RECOMMENDATION Approval of the Resolution. BACKGROUND Ordinance No. 7442 established a budget for completing Phase III A -1 of the Historic Arkansas Riverwalk of Pueblo project. The City entered into an Agreement for Professional Design Services with Design Studios West, Inc. on February 27, 2006 and Amendment No. 1 on April 24, 2006 to complete the Construction Documentation and Bidding Phase for Phase III A -1 of the project. Amendment No. 2 will authorize DSW to perform additional services, which are necessary to complete the Construction Documentation and Bidding Phase for Phase A -1 of the HARP Project. FINANCIAL IMPACT The $40,100 in funds will be paid from the HARP Phase IIIA -1 Capital Improvement Project No. PWHP07. The funding increase to DSW's contract for professional services will reduce the amount of funds that will be available for constructing the project. AMENDMENT NO.2 THIS AMENDMENT NO. 2 to the Agreement for Professional Design Services is made and entered into this 10th day of October 2006 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Owner") and Design Studios West, Inc., a professional planning and design firm (hereinafter referred to as "Consultant "). WHEREAS, Owner and Consultant have heretofore entered into an Agreement (hereinafter "the Agreement ") dated February 27, 2006 and Amendment No. 1 to said Agreement dated April 20, 2006, wherein the Consultant agreed to render certain professional planning, design, engineering and related services for Owner in connection with the Historic Arkansas Riverwalk Project, Phase III A -1 (hereinafter referred to as the "Project "); and WHEREAS, the parties agree that this Amendment No. 2 to the Agreement is necessary and desirable to modify the Agreement to provide for the Consultant to perform and complete the additional design work and preparation of Bid Documents (including Contract Documents, Plans and Specifications), including all remaining work of the Construction Documentation and Bidding Phase of the Project and performance of construction administration activities by the Consultant now remaining with respect to the Project (that is, all services described in Subsection 2.4 of the Agreement which remain with respect to Phase III of the Project) and to modify the Agreement to include required 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 planning, design, engineering and related services and functions reasonably required or necessary for the Construction Documentation and Bidding Phase, as contemplated within Sections 1 and 2 of the Agreement, as amended, with respect to the Project. 2. Appendix "A" to this Amendment No. 2 shall be added to the original scope of work, and the Consultant shall complete the work items described generally in Appendix "A" to this Amendment No. 2 in accordance with the terms of the Agreement, and all prior amendments thereto for the performance of professional services with respect to the Project. 3. With respect to services provided under this Amendment No. 2, Appendix `B" to this Amendment No. 2 shall apply to compensation payable to the Consultant, and to key personnel and consultants employed or retained by the Consultant, in connection with the Consultant's services for the work authorized by this Amendment No. 2. The aggregate compensation payable to the Consultant for performance of the additional services and reimbursable expenses authorized by this Amendment No. 2 shall not exceed the maximum amount of $40,100. 4. Except as expressly modified by this Amendment No. 2, the Agreement, including all prior written amendments thereto, shall remain in full force and effect. Any obligations remaining to be performed under the original Agreement (and all prior amendments) by either party, relating to the professional services to be performed by the Consultant 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 Consultant have executed this Amendment No. 2 to the Agreement For Professional Design Services as of the date first above written. OWNER City of Pueblo c By �` �• i President of the City Council Attest: �L City S lerk [SEAL] CONSULTANT De: LM BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. �ti1 -Gl /n n A. 4�6 a cki Director of Finance APPROVED AS TO FORM: City Attorn APPENDIX A HARP PHASE III A -1— Construction Documents Scope of Work A. PROFESSIONAL SERVICES Below is the Scope of Work for the preparation of the Construction Documents for HARP Phase III A -1 Gateway Park. The design team is as follows: Prime Consultant: Design Studios West, Inc. Subconsultants: Sellards & Grigg, Inc. HydroSystems•KDI, Inc. Aqua Engineering, Inc. M -E Engineers, Inc. Terracon Consultants, Inc. Project Limits: The project limits are defined by the attached Project Limits diagram (Exhibit A). Definitions: The term "Consultants" shall be used to refer to the Prime Consultants, who is Design Studios West, Inc. Project Description: This scope of work includes modifications to the original Contract including the following specific work items: 1. Preparation of a Phase II Environmental Analysis by Terracon Consultants, Inc. This scope of work includes drilling of test holes at the project site, taking test samples at the drilling location and subsequent analysis of the samples taken, and preparation of a final report. 2. Preparation of Construction Documents for the relocation of the Wet Design fountain from its current location to the proposed channel basin area in the Phase III A -I Gateway Park project site. 3. Preparation of Construction Documents for the inclusion of the proposed fountain walls and utility chase in the current construction package. 4. Preparation of Construction Documents for the inclusion of electrical GFI receptacles at specific tree locations within the project site. 5. Preparation of Construction Documents for the inclusion of basin lighting under the coping along the basin edge. APPENDIX B HARP PHASE III A -1 — Construction Documents Fee Schedule A. FEE The Owner shall compensate Consultant for the Scope of Services in the following manner: The Consultant will perform the identified Scope of Services as outlined in Appendix A — Scope of Work for a lump sum fee of $40,100.00. Each month the Consultant will invoice the Owner for the percentage of work completed through the previous month. Expenses are included in the lump sum fee. B. SUMMARY OF PROFESSIONAL FEES 1.Preparation of a Phase II Environmental Analysis by Terracon Consultants, Inc. $7,100 a. Terracon $7,100.00 2.Construction Documents for the relocation of the Wet Design fountain $25,850 a. Aqua Engineering, Inc. $18,350.00 b. M -E Engineers, Inc. $4,750.00 c. Design Studios West, Inc. $2,750.00 3. Construction Documents for the proposed fountain walls and utility chase $1,500 a. Sellards & Grigg, Inc. $1,500.00 4. Construction Documents for the inclusion of GFI receptacles $3,300 a. M -E Engineers, Inc. $2,850.00 b. Design Studios West, Inc. $450.00 5. Construction Documents for the inclusion of basin lighting $2,350 a. M -E Engineers, Inc. $1,900.00 b. Design Studios West, Inc. $450.00 Professional Fee C. ADDITIONAL SERVICES $40,100 In the event additional services are requested and authorized, the following list of hourly rates shall be considered as fixed for one calendar year from the date of the Agreement. The following hourly rates include overhead and profit. These rates reflect the varied experience levels that we feel will be required for your project. Cateeory Typical Tasks Hourly Rate Principal /Director Project Administration, Management and $168 Control Senior Associate Communications and Team Management, $137 Master Planning, and Design Senior Landscape Architect/ Project Planning and Design, Technical Review $94 Senior Engineer Landscape Architect/ Design, Site Analysis and Inventory, $73 Engineer Construction Documentation, Graphics, and Specifications Staff Landscape Architect Base Mapping, Design Detailing, Computer $56 Technical Graphics, Construction Detailing, and Systems Operator Administration/Clerical Word Processing, Report and Specification $38 Preparation, and Invoice Documentation This work release has been reviewed and accepted by: DESIGN STUDIOS WEST, INC. By: r7 MMRUF 77 pl%► CITY OF PUEBLO By - /'6� -- Michael A. Occhiato Title: President of City Counci Date: loco& Date: 0 C-� io '�. o o to