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HomeMy WebLinkAbout11438RESOLUTION NO. 11438 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC FOR DEVELOPMENT REVIEW SERVICES FOR THE PUEBLO SPRINGS RANCH ANNEXATION, INCREASING AN ADDITIONAL $100,000 TO PROJECT NO. 08 -010 FOR SUPPLEMENTAL SERVICES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the Antero Company, through Design Studios West, Inc., are providing Development Review Services for the Pueblo Springs Ranch Annexation — Project No. 08 -010 through an Agreement dated March 24, 2008; and WHEREAS, Amendment No. 1 will amend the Agreement to increase the contract by $100,000 and expand the Fiscal Impact Assessment Scope of Work in Schedule 1 of the Agreement; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 1, dated October 14, 2008, to the original Agreement for Development Review Services, dated March 24, 2008, between the City of Pueblo, a Municipal Corporation, and Design Studios West, Inc., a copy of which is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the 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 same. SECTION 3. The funds in an amount up to $100,000 will be provided from the special escrow fund established by Resolution No. 11259 and amended by Resolution No. 11340. INTRODUCED October 14, 2008 BY Vera Ortegon Councilperson PRt ATTESTED aY { CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # 22 DATE: OCTOBER 14, 2008 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC FOR DEVELOPMENT REVIEW SERVICES FOR THE PUEBLO SPRINGS RANCH ANNEXATION, INCREASING AN ADDITIONAL $100,000 TO PROJECT NO. 08 -010 FOR SUPPLEMENTAL SERVICES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve Amendment No. 1 to the Agreement for Development Review Services between the City of Pueblo and Design Studios West, Inc. for the Pueblo Springs Ranch Annexation - Project No. 08 -010? RECOMMENDATION Approval of the Resolution. BACKGROUND The City is currently evaluating the annexation and zoning case of Pueblo Springs Ranch (PSR), a 24,000 -acre master planned community. The City has engaged a consultant team led by Design Studios West to help review this annexation /zoning request. As part of this review, the City requires an assessment of the economic vitality of PSR, including its projected fiscal impacts to City services. The City requires an independent assessment of the net fiscal impacts to the City generated by the land uses within the applicant's master plan, informed by the projected revenues and absorption timeline for PSR. The key objectives are: • Place Pueblo Springs Ranch within the context of the region, to refine and /or adjust the applicant's assumptions regarding pricing /values and absorption of various land uses at PSR based on current and anticipated economic and demographic trends. • Project the revenues that PSR will generate for the City of Pueblo, and quantify the costs for services that this new area will require from the City, primarily employing a marginal cost approach. • Build a model to calculate the net fiscal impacts generated by PSR, allowing for flexibility for the City and the applicant to adjust certain assumptions and evaluate the resulting scenarios. • Provide ongoing support to the City of Pueblo and consultant team, including fiscal model scenario iterations, as needed. FINANCIAL IMPACT None. The funds in an amount up to $100,000 will be paid from the special escrow fund established by Resolution No. 11259 and amended by Resolution 11340. f� AMENDMENT NO. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO. 1 to Agreement for Professional Services is made and entered into this 14` day of October 2008 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Client') and Design Studios West, Inc., (hereinafter referred to as "Consultant'). WHEREAS, Client and Consultant have heretofore entered into an Agreement (hereinafter referred to as "the Agreement") dated March 24, 2008, wherein Consultant agreed to render certain professional planning and consulting services for Client with respect to Development Review Services for the Pueblo Springs Ranch Annexation (hereinafter referred to as "Project'); and WHEREAS, the parties agree that this Amendment No. 1 to the Agreement is necessary and desirable to modify the contract to provide for Fiscal Impact Analyses and Advisory Services and to modify the contract to include require 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 outlined in Schedule 1 "6. H. Fiscal Impact Analysis" of the Agreement to include all professional services and functions contained within the proposal - agreement for professional services submitted by Robert Charles Lesser & Co. ( "RCLCO "), a copy of which is attached hereto and made a part hereof. 2. The Agreement is amended by the addition of a revised paragraph (a) of SECTION 3 FEES FOR SERVICES; PAYMENT to read as follows: (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $350.000.00 computed as set forth in Schedule 2. [remainder of SECTION 3. FEES FOR SERVICES; PAYMENT is unchanged] 3. Schedule 2 of the Agreement is amended to read as follows: Professional Fee Professional services shall be invoiced on an hourly basis, with a top set, not to exceed budget of $350,000.00. Upon approaching 80% of that budget figure, the City Representative shall be notified in writing by the Consultant, to report on work remaining to completion and recommendations to complete work within budget, or Additional Services and Fees for consideration. Hourly rates for Professional Services are provided on the following pages. [remainder of Schedule 2 is unchanged] 4. Except as expressly modified by this Amendment No. 1, 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 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. 1. IN WITNESS WHEREOF, Client and Consultant have executed this Amendment No. I to Agreement for Professional Services as of the date first above written. CITY OF PUEBLO By: By: President of City Council Title Attest: City Clerk DESIGN STUDIOS WEST, INC. [SEAL ] APPROVED AS TO FORM: City Attorney