HomeMy WebLinkAbout11526RESOLUTION NO. 11526
A RESOLUTION APPROVING AN AMENDMENT NO. 1
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND SELLARDS AND GRIGG, INC., AN
SEH COMPANY, FOR PERFORMING ADDITIONAL
SERVICES IN COMPLETING THE FINAL DESIGN,
CONSTRUCTION DOCUMENTATION AND BIDDING PHASE
FOR THE LAKE MINNEQUA PROJECT, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City approved an agreement with Sellards and Grigg, Inc., an
SEH Company ( "Sellards and Grigg ") on December 26, 2006 to prepare the Final
Design Phase for the Lake Minnequa Project ( "Project').
WHEREAS the City now desires to have Sellards and Grigg perform additional
services in order to complete the Construction Documentation and Bidding Phase and
the Construction Phase of the Project; and
WHEREAS, the City of Pueblo has funds available for completion of the
Construction Documentation and Bidding Phase and the Construction Phase of the
Project;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No. 1 to the Agreement for Professional Design Services dated
December 26, 2006, between the City of Pueblo, a Municipal Corporation, and Sellards
and Grigg ( "Amendment No. 1"), 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 $110,472.50 will be paid from Project ML0602 (Minnequa
Lake Design & Engineering) appropriated by Ordinance No. 7502 will be expended for
performance and completion of the Construction Documentation and Bidding Phase and
the Construction Phase of the Project.
INTRODUCED: February 9, 2009
BY: Randy Thurston
Councilperson
APPROVED 2L
PRESIDENTuf City Council
A,T = aY: "
ON aim I ff. NO=
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 6
DATE: FEBRUARY 9, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING AN AMENDMENT NO. 1 BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND SELLARDS AND GRIGG, INC., AN
SEH COMPANY, FOR PERFORMING ADDITIONAL SERVICES IN COMPLETING
THE FINAL DESIGN, CONSTRUCTION DOCUMENTATION AND BIDDING PHASE
FOR THE LAKE MINNEQUA PROJECT, AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve the first amendment to the Agreement with Sellards
and Grigg, Inc., an SEH Company to perform additional service as part of completing
the Construction Documentation and Bidding Phase and the Construction Phase for the
Lake Minnequa project?
Approval of the Resolution.
BACKGROUND
Ordinance No. 7502 established a budget for completing the Lake Minnequa project.
The City entered into an Agreement for Professional Design Services with Sellards and
Grigg on December 26, 2006 to complete the Final Design Phase for the Lake
Minnequa project. Amendment No. 1 will authorize Sellards and Grigg to perform
additional services, which are necessary to complete the Construction Documentation
and Bidding Phase and the Construction Phase for the Lake Minnequa project.
FINANCIAL IMPACT
The $110,472.50 in funds will be paid from the Project ML0602 ( Minnequa Lake Design
& Engineering) appropriated by Ordinance No. 7502.
AMEN DMENT NO
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
THIS AMENDMENT NO. 1 to the Agreement for Professional Design Services is made
and entered into this 9th day of February 2009 by and between the City of Pueblo, a Municipal
Corporation (hereinafter referred to as "Owner ") and Sellards & Grigg, Inc. an SEH Company a
professional design and engineering firm (hereinafter referred to as "Consultant ").
WHEREAS, Owner and Consultant have heretofore . entered into an Agreement
(hereinafter "the Agreement ") dated December 26, 2006, wherein the Consultant agreed to
render certain professional planning, final design, engineering and related services for Owner in
connection with the Lake Minnequa Project (hereinafter referred to as the "Project "); and
WHEREAS, the parties agree that this Amendment No. 1 to the Agreement is necessary
and desirable to modify the Agreement to provide for the Consultant to perform and complete
the additional Final Design and Construction Documentation work, 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 Subsections 2.3 through 2.5 of the Agreement which
remain with respect to Phase I 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:
I . 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 Final Design, Construction Documentation and Bidding Phase, and
Construction 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. 1 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. 1 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. 1, Appendix "A" to this
Amendment No. 1 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. 1. The aggregate compensation payable
to the Consultant for performance of the additional services and reimbursable expenses
authorized by this Amendment No. 1 shall not exceed the maximum amount of $110,472.50.
4. Except as expressly modified by this Amendment No. 1, 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. 1.
5. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM
PERFO , R
(a) Prior to or within ten (10) days of execution of this Agreement, Architect shall
submit to the Purchasing Agent of the Owner its certification that it does not knowingly employ
or contract with an illegal alien and that the Architect has participated or attempted to participate
in the "Basic Pilot Program" created in Public Law 208, 104 Congress, as amended and
expanded in Public law 156, 108 Congress, as amended, that is administered by the United
States Department of Homeland Security in order to confirm the employment eligibility of all
employees who are newly hired for employment in the United States.
(b) Architect shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under
this contract;
(II) Enter into a contract with a subconsultant that fails to certify to Architect
that the subconsultant shall not knowingly employ or contract with an illegal alien to
perform work under this contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Architect shall have confirmed or attempted to confirm the
employment eligibility of all of its employees who are newly hired for employment in the
United States through participation in the Basic Pilot Program and, if the Architect is not
accepted into the Basic Pilot Program prior to entering into this contract, that the
Architect shall apply to participate in the Basic Pilot Program every three months until
the Architect is accepted or this Contract has been fully completed, whichever occurs
earlier. This provision shall not be required or effective if the Basic Pilot Program is
discontinued.
(II) The Architect is prohibited from using the Basic Pilot Program procedures
to undertake pre - employment screening of job applicants while this Contract is being
performed.
(III) If the Architect obtains actual knowledge - that a sub - consultant performing
work under this contract knowingly employs or contracts with an illegal alien, the
Architect shall be required to:
A. Notify the sub - consultant and the Owner's Purchasing Agent
within three (3) days that the Architect has actual knowledge that the sub -
consultant is employing or contracting with an ,illegal alien; and
B. Terminate the subcontract with the sub - consultant if within three
(3) days of receiving the notice required pursuant to subparagraph (c)(III)A.
above the sub - consultant does not stop employing or contracting with the illegal
alien; except that the Architect shall not terminate the contract with the sub -
consultant if, during such three (3) days, the sub - consultant provides information
to establish that the
Sub - consultant has not knowingly employed or contracted with an illegal alien.
(IV) The Architect is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ")
made in the course of an investigation that CDLE is undertaking pursuant to its authority
under §8- 17.5- 102(5), C.R.S.
(d) Violation of this Section 11 by the Architect shall constitute a breach of contract
and grounds for termination. In the event of such termination, the Architect shall be liable for
Owner's actual and consequential damages.
(e) As used in this Section 11, the term "sub- consultant" shall mean any sub -
consultant or subcontractor of Architect rendering services within the scope of this Agreement.
6. PERA LIABILITY.
The Contractor shall reimburse the City for the full amount of any employer contribution
required to be paid by the City of Pueblo to the Public Employees' Retirement Association
( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted
services for the City under this Agreement. The Contractor shall fill out the questionnaire
attached as Appendix B and submit the completed form to City as part of the signed Agreement.
7. SOLE SOURCE GOVERNMENT CONTRACTS; LIMITATIONS UPON
CAMPAIGN C
(a) Section 15 of Article XXVIII of the Colorado Constitution is hereby incorporated
into this agreement by reference. Sections 15 and 17 of Article XXVIII of the Colorado
Constitution provide as follows:
Section 15: Because of a presumption of impropriety between contributions to
any campaign and sole source government contracts, contract holders shall contractually
agree, for the duration of the contract and for two years thereafter, to cease making,
causing to be made, or inducing by any means, a contribution, directly or indirectly, on
behalf of the contract holder or on behalf of his or her immediate family member and for
the benefit of any political party or for the benefit of any candidate for any elected office
of the state or any of its political subdivisions.
Section 17: (1) Every sole source government contract by the state or any of its
political subdivisions shall incorporate article XXVIII, section 15, into the contract. Any
person who intentionally accepts contributions on behalf of a candidate committee,
political committee, small donor committee, political party, or other entity, in violation of
section 15 has engaged in corrupt misconduct and shall pay restitution to the general
treasury of the contracting governmental entity to compensate the governmental entity for
all costs and expenses associated with the breach, including costs and losses involved in
securing a new contract if that becomes necessary. If a person responsible for the
bookkeeping of any entity that has a sole source contract with a governmental entity, or if
a person acting on behalf of the governmental entity, obtains knowledge of a contribution
made or accepted in violation of section 15, and that person intentionally fails to notify
the secretary of state or appropriate government officer about the violation in writing
within ten business days of learning of such contribution, then that person may be
contractually liable in an amount up to the above restitution.
(2) Any person who makes or causes to be made any contribution intended to
promote or influence the result of an election on a ballot issue shall not be qualified to
enter into a sole source government contract relating to that particular ballot issue.
(3) The parties shall agree that if a contract holder intentionally violates
section 15 of section 17(2), as contractual damages that contract holder shall be ineligible
to hold any sole source government contract, or public employment with the state or any
of its political subdivisions, for three years. The governor may temporarily suspend any
remedy under this section during a declared state of emergency.
(4) Knowing violation of section 15 or section 17(2) by an elected or
appointed official is grounds for removal from office and disqualification to hold any
office of honor, trust or profit in the state, and shall constitute misconduct or
malfeasance.
(5) A registered voter of the state may enforce section 15 or section 17(2) by
filing a complaint for injunctive or declaratory relief or for civil damages and remedies, if
appropriate, in the district court.
(b) This section applies only to sole source government contracts and does not
apply to any contract which used a public and competitive bidding process in which the City
solicited at least three bids prior to awarding the contract.
(c) Contractor certifies, warrants, and agrees that it has complied and will comply with
Colorado Constitution Article „XXVIII, including but not necessarily limited to the following
prohibitions and obligations:
1. If during the term of the contract, contractor holds sole source government
contracts with the State of Colorado and any of its political subdivisions cumulatively
totaling more than $100,000 in a calendar year, then for the duration of this contract
and for two years after, contractor will not make, cause to be made, or induce by any
means a contribution, directly or indirectly, on behalf of contractor or contractor's
immediate family member(s) for the benefit of any political party or for the benefit of
any candidate any elected office of the State or any of its political subdivisions; and
2. Contractor represents that contractor has not previously made or caused to
be made, and will not in the future make or cause to be made, any contribution intended
to promote or influence the result of a ballot issue election related to the subject matter of
this contract; and
3. Contractor will satisfy contractor's obligations to promptly report to the
Colorado Department of Personnel & Administration ( "CDPA ") information included in
the CDPA's "Sole Source Government Contract Summary" and "Contract Holder
Information" forms regarding this contract and any other sole source government
contracts to which contractor is a party, and shall contemporaneously provide a copy of
such report(s) to City's Purchasing Agent; and
4. Contractor understands that any breach of this section or of Contractor's
responsibilities under Colorado Constitution Article XXVIII may result in either
contractual or constitutionally mandated penalties and remedies; and
5. A Contractor that intentionally violates Colorado Constitution Article
XXVIII, Section 15 or 17(2), shall be ineligible to hold any sole source government
contract, or public employment with the state or any of its political subdivisions for three
years; and
6. By execution of this contract, Contractor hereby confirms it is qualified
and eligible under such provisions to enter into this contract.
(d) For purposes of this section, the term "contractor" shall include persons that
control ten percent or more shares or interest in contractor, as well as contractor's officers,
directors, and trustees. The term "immediate family member" shall include a spouse, child,
spouse's child, son -in -law, daughter -in -law, parent, sibling, grandparent, grandchild, stepbrother,
stepsister, stepparent, parent -in -law, brother -in -law, sister -in -law, aunt, niece, nephew, guardian,
or domestic partner. All other terms and phrases used in this section shall have the meanings
defined in Article XXVIII of the Colorado Constitution.
(e) In the event any provision of Article XXVIII of the Colorado Constitution is held
to be unconstitutional or otherwise invalid by a court of competent jurisdiction in a non -
appealable action, has been repealed retroactively or otherwise found to not apply to this contract
or agreement, then the corresponding requirement or requirements of this section shall have no
further force and effect, and shall not constitute a requirement of this contract, as of the date of
such holding, declaration, repeal or determination.
IN WITNESS WHEREOF, Owner and Consultant have executed this Amendment No. 1
to the Agreement For Professional Design Services as of the date first above written.
OWNER
City of Pueblo
By
President of the City Council
CONSULTANT
Sellards & Grigg, Inc. an SEH Company.
Principal
Attest: `1
_City_ rk
Attest:
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
NEW
mozz .a�!
SEH Additional Services
Minnequa Lake - Phase I
Personnel
Projet Manager
Project Engineer.
Additional fee ,-Request for Lake Minnequa
Grading Downstream of the Outlet Structure
Hours Hourly Rate Extended Cost
Appendix A
Completion of Initial CLOMR Submittal (SEH will request additional compensation
for addressing comments associated with intitial hydrologic analysis)
Personnel Hours Hourly Rate Extended Cost
Project Manager 9 $ 145.00 $ 1,305.00
Project Engineer 40 $ 130.00 $ 5,200.00
Drafter 16 $ 92.00 $ 1,472.00
$ 7,977.00
Assembly of drawings into overall construction drawing set prepared by SEH
Personnel Hours Hourly Rate Extended Cost
Project Manager 8 $ 145.00 $ 1,160.00
Project Engineer 12 $ 130.00 $ 1,560.00
Drafter 40 $ 92.00 $ 3,680.00
$ 6,400.00
Adminstrative time associated with management of subconsultant invoices
Personnel
Grading Dowsntream of the Outlet Structure
Personnel
Hours
Hourly Rate
Extended Cost
Project Manager
2
$ 145.00
$ 290.00
Project Engineer
16
$ 130.00
$ 2,080.00
Drafter
28
$ 92.00
$ 2,576.00
$ 2,320.00
$ 4,946.00
Cross Draiange Culvert through roadways dowenstream of the Outlet Structure
Personnel
Hours
Hourly Rate
Extended Cost
Project Manager
2
$ 145.00
$ 290.00
Project Engineer
6
$ 130.00
$ 780.00
Drafter
12
$ 92.00
$ 1,104.00
$ 2,174.00
Completion of Initial CLOMR Submittal (SEH will request additional compensation
for addressing comments associated with intitial hydrologic analysis)
Personnel Hours Hourly Rate Extended Cost
Project Manager 9 $ 145.00 $ 1,305.00
Project Engineer 40 $ 130.00 $ 5,200.00
Drafter 16 $ 92.00 $ 1,472.00
$ 7,977.00
Assembly of drawings into overall construction drawing set prepared by SEH
Personnel Hours Hourly Rate Extended Cost
Project Manager 8 $ 145.00 $ 1,160.00
Project Engineer 12 $ 130.00 $ 1,560.00
Drafter 40 $ 92.00 $ 3,680.00
$ 6,400.00
Adminstrative time associated with management of subconsultant invoices
Personnel
Hours
Hourly Rate
Extended Cost
Projet Manager
16
$ 145.00
$ 2,320.00
Project Engineer
0
$ 130.00
$ -
Drafter
0
$ 92.00.
$ -
$ 2,320.00
Total $ 23,817.00
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DESIGN S'T'UDIOS WEST, INC.
a
January 30, 2009
Mr. Chuck McKnight
Short Elliot Hendrickson, Inc.
390 Union Avenue, Ste 600
Lakewood, CO 80215
PROPOSAL FOR AD DIT ION AL S ERVICES
TAKE MINNEQUA PARK AND D RAINAGE IM PROVEMENTS — PHA ONE
PU EIBLO, COLORADO
Dear Chuck:
1 am writing to respectfully request consideration of authorization of additional services for Design
Studios West, Inc. (DSW) for the Lake Minnequa Park and Drainage Improvements, Phase One.
Since our original agreement, the project has expanded to include work not included in the Scope
of Services .at that time. 1 have summarized those work items below with fee estimates associated
with each for your review and consideration.
ADDITIONAL. SERVICES - SCOPE;OF SERVICES
rvices was based on preparing Design Development and
The original DSW Scope of Se
Construction Documents for the improvements depicted in the Master Plan — Phase One
Improvements drawings dated December 2006. Additional work requested of DSW includes the
following items:
1. Lake Minnequa ,Master Plan Revisions
A. City of Pueblo representatives requested DSW to prepare and submit Additional Services
proposal for revisions to the Lake Minnequa Master Plan including:
1. Rerouting of the Lakeshore Drive extension west to Mirror Avenue, to connect with
Palmer Avenue alignment to the south, including Lakeshore Drive transition north of ;
2. Relocate the Southside Slab (basketball courts) and parking lots boulevard segment of
park improvements.
3. Incorporate a South Entry Boulevard segment of the Palmer Avenue alignment south to
Pueblo Blvd.
4. Relocation of Phase One Parking Area, Pavilion and Restroom Enclosure
5. Reconfigured long -range Athletic Field and central Parking layout;
6. , Concept grading and drainage to accommodate those revisions, above, and (reduce)
fill /revegetation area;
7. Revised Master Plan Construction Budget Cost Estimating;
8. Revised Illustrative Master Plan
Planning Landscape Architecture Urban Design
1475 Lawrence Street, Suite 100 Denver, CO 80202 303 - 623 -3465 303 - 623 -3758 Facsimile www.designstudioswest.com
Mr. Chuck McKnight
January 30, 2009
Page 2
2. Phase One Park, Drainage and Water Quality Improvements Revisions
A. City of Pueblo representatives requested revisions to the Southeast Water Quality Pond
area to accommodate the existing Slag Area and asbestos contamination area associated
with the former Boy Scout Camp site in order to allow those sites to remain undisturbed by
pond, forebay and channel excavation.
1. Water Quality Pond and Forebay Concept Alternatives (3)
2. Topographic Base Survey re- formatting to tie in with aerial topography;
3. Channel redesign and the addition of Water Quality Forebays (2);
4. Water Quality Pond Reconfiguration /Grading redesign;
B. New survey information for Palmer Avenue ditch outfall and the existing Southwest Water
Quality Pond outfall inverts revealed insufficient elevation to provide positive minimum
drainage gradient for the realignment of the Palmer Ditch across site to the northwest.
Palmer Ditch flows have be redesigned to achieve minimum gradients by redirection to the
Southeast Water Quality Pond.
1. Channel redesign directing Palmer Ditch flows to South East Water Quality Pond with
forebay;
2. Channel redesign to match existing Sanitary Sewer crossing of Palmer Ditch.
C. City of Pueblo representatives requested revisions to the Northwest Water Quality Pond to
reduce it's size to the northern 1/3 of that facility and include add /alternate trail
alignments from south to the north project limits along the northern half of the western
edge of the site. Additional trail alignment requested from Palmer /Reno intersection
connecting to Lakeshore Drive /Highland area. Additional- trail /boardwalk alignment
requested south of lake connecting to Southeast Water Quality pond area.
1. Northwest Water Quality Pond reconfiguration and regrading;
2. Add /alternate north /south trail alignment at west side of lake;
3. Add /alternate north /south trail alignment at east side of lake;
4. Add /alternate east west trail.alignment at south edge of lake;
S. Add /alternate low -flow trail crossing, Boardwalk trail design;
6. Revised Budgetary Cost Estimating 10/24/08, 11/10/08, 30% Review
D. City of Pueblo representatives have requested subsoil preparation recommendations for
the remediation of potential mineral /salt leaching which is understood to be related to
existing groundwater flows and transport, particularly in the south /Park area of the site.
Additionally, stabilization of dredge material for habitat island fill and ballast material
recommendations and on
in drawings and specifications have been requested.
1. Subsoil preparation recommendation to remediate mineral salt leaching and
incorporation of remediation plans and specifications;
2. Habitat island. stabilization of fill and potential ballast material, shoreline erosion
protection measures plans and specifications;
Mr. Chuck McKnight
January 30, 2009
Page 3
3. Geotechnical /Structural /Groundwater Hydrology /Soils /Environmental Scientists or
other special studies /consultants and fees are specifically excluded from this scope
item and will only be engaged with prior approval of Client Representatives, following
initial recommendations;
3. Northwest Neighborhood Park Addition
A. City of Pueblo representatives have requested DSW'to prepare and submit Additional
Services proposal for the addition of Neighborhood Park (3 Acre) improvements in the
northwest corner of the Lake Minnequa site, based on improvements depicted in the Lake
Minnequa Master Plan, but not originally included as Phase One improvements.
1. Concept Plan Alternatives (2)
2. Concept Plan Budgetary Cost Estimating
3. Topographic Base formatting
4. Design Development Park Improvements Plan
5. Design Development /Concept Grading Plan
6. Design Development Cost Estimating
7. Park Improvements Construction Documents (30 %, 70 % and 100 %)
8. Automatic Irrigation System Construction Documents (70% and 100 %)
9. Technical Specification Additions
4. Project Meetings, Communications and Team Coordination
A. Due to the extended duration of the project, additional project meetings, including
agendas, meeting notes, the creation and updating of a project schedule will be necessary
to manage and coordinate team efforts. Due to the critical nature of the GOCO Park
Improvements components, DSW will serve as coordinator through the preparation of
Construction Documents for GOCO funded improvements. SEH will continue to serve as
Prime Consultant and in that role will remain responsible for Contract Administration,
Contract Documents and Bid Documents assembly and issuance.
1. Bi- weekly Team Meetings/ Teleconference (Agenda /Mtg /Notes: 8 @ 4hr)
5. Bid Period and Construction Period Services
A. City of Pueblo representatives have requested DSW to prepare and submit Additional
Services proposal for Bid Period Services, which were specifically excluded from the base
services scope of.services. DSW will provide bid period services for the Landscape
Architectural softscape and hardscape elements included in DSW construction documents
and specifications. Our Irrigation subconsultants, HydroSystems KDI will provide Bid
Period Services for irrigation system construction documents. DSW and HydroSystems
KDI will provide drawing clarifications and issue addenda during the bidding and contract
negotiation process. It is noted that, as provided for in the original Agreement, DSW
construction drawings shall be provided to the City of Pueblo in CAD (.dwg) format to
facilitate construction staking.
Mr. Chuck McKnight
January 30, 2009
Page 4
ADDITIONAL SERVICES - PROFESSIONAL FEE ESTIMATE
Professional Fee Estimates for the Additional Services described above are outlined below.
t. Lake Minnequa Master Plan Revisions
A . Master Plan Revisions....... . ... ............................... . .........................
$6,400
Subtotal:
$6,400
2. Phase One Park, Drainage and Water Quality Improveirients Revisions
A. Southeast Water Quality Pond Area/ Stag/ Asbestos Plan Revisions ..................$6,400
B. Palmer Ditch Channel. Redesign .. ............................... .........................
$2,800
C. Northwest Water Quality Pond Redesign, Maintenance Access,
Trail. Additions, Low -flow crossing, Boardwalk Design & Costing.. . ................:
$6,620
D. Subsoil (salts) Prep. Remediat on/ Habitat Island stabilization ........................ 5.220
Subtotal:
$21,040
3: Northwest Neighborhood Park Addition
A. Northwest Neighborhood Park Concept Design through Construction Documents
Subtotal: $9,970
4. Project Meetings and Team Coordination
A. Project Meetings, Communications and Team Coordination
Subtotal: $4,384
5. Bid Period Services
A. Bid Period Services
Subtotal: $2,684
TotalAdditional Services ...................................... ............................... ........................$44,478
Chuck, we have worked diligently to keep this project moving forward, while responding to
requests to make revisions as the project has evolved to meet funding, schedule and site - mandated
challenges. Over the course of the past two years, the cumulative response to those challenges has
dangerously depleted our remaining Construction Documents budget. In the interest of this
outstanding project and our long - standing relationship with Pueblo, we will continue to honor our
2006 hourly rates. Please feel free to contact me if you wish to discuss this proposal, or if I can
offer further clarification on any of the items it includes.
Very truly yours,
Attachments:
Appendix B - DSW Hourly Rates
ACCEPTED AND APPROVED:
Signature
Name(printed):
Date:
t
The Client shall compensate Consultant for the Scope of Services in. the following manner:
On a monthly basis the Client shall compensate consultant on an hourly basis, plus
expenses. These 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 expertise levels that we ,feel will be required for your project.
Title
Description
Hourly hate
President
Project Programming, Planning, Design
$168
and Presentations
Vice - President, Director
Project Initiation, Control, Management
$137
Senior Associate
Oversight, Supervision of staff
Senior Planner and
Concept, Preliminary, Final and Construction
$94
Landscape Architect
Documentation
Planner and Landscape
Preparation and production of all planning
$73
Architect
and design documents
Computer, Graphics and
Technical assistance with the preparation of
$56
Technical Support
project exhibits
Administration and Clerical, Word Processing, editing and report compilation $38
ENGINEERING ANC? SIJRVEYtNC3,
Serving Pueblo & So. Colorado Since 1939
111 E. 5 th Street
Pueblo, CO 81003
(719) 544 -6823
(719) 544 -6825 Fax
David M. Stravia, P. L.S.
J N 04 009 01
February 2, 2009 (Revised)
Sellards and Grigg, Inc. / SEH
390 Union Blvd., Suite 630
Lakewood, CO 80228
Attn: Mr. Chuck McKnight, P.E.
Via: Email (cmcknight @sehinc.com)
Subject: Lake Minnequa Park and Drainage Improvements — Phase I
Dear Chuck,
Kim K. Kock, P.E.
Over the course of the last two years, during the Phase I design portion of the referenced project
several additional services have been completed for the City of Pueblo. Additionally, now that the
Design Development Plan has been prepared by Design Studios West, it is apparent that several
scope changes will result in additional services. The following is a listing of additional work items
completed to date or anticipated for final completion of the project:
In the first quarter of 2007, the City of Pueblo requested that NorthStar complete research of
the lake outfall pipe alignment into and through the Rocky Mountain Steel Mill's `property. An
inordinate amount of time was expanded researching the Steel Mill records in an attempt to
determine accurate pipeline alignments. At the City of Pueblo's request, we also attempted to
prepare easements for that alignment but determined that the outfall actually was routed
underneath several buildings. We then worked closely with the City of Pueblo and the City's
attorney to develop an alternative to the easements through the steel mill property.
® Also in early 2007 and at the City of Pueblo's request, we prepared legal descriptions and
exhibits for the feeder ditch from the access road north of Stem Beach to the lake. These
documents were prepared for the City for their use in the land purchase process.
During the design process for the drainage crossing structures at Acero and O'neal it was
determined that the existing elevations of utilities and roadways were significantly impacting
the capacity of the proposed facilities. Therefore at the City of Pueblo's request, we
completed preliminary designs on two alternatives to improve the efficiency of the crossings
and reduce the required crossing capacities. The first alternative included an analysis and
preliminary design of the existing channel between O'neal and Acero to improve channel
capacity and stability and to attempt to contain the entire 100 year flow. The second
alternative involved the preliminary design of an online detention facility within the existing
channel easement between Pueblo Boulevard and O'neal to reduce flows at the proposed
crossings. A secondary benefit of that preliminary analysis was the generation of a significant
amount of excess excavated material which could be used at the lake for park improvements.
In addition, several alternatives were explored at the City of Pueblo's request for the diversion
of minor flows at Acero. Those Alternatives included different diversion structures either
upstream or downstream of the proposed street crossing. Also, the City of Pueblo has
requested that the initial design project include channel modifications downstream of Acero
and the incorporation of two large inlets at Tucci Lane.
The proposed park plan has resulted in the need to redirect flow generated by the Palmer
Lake Drainage Basin from the westerly detention facilities to the facility southeast of the lake
and adjacent to Lakeshore Drive. That redirection of flows will require additional, crossing
structure designs as well as modified hydrologic.calculations-with respect to water quality and
detention basin design.
Due to the existence of :the slag pile and asbestos areas west of Lakeshore Drive, additional
services will be required. for the design of two additional water quality basins, one at Iowa
Avenue and one at Highland Avenue. These additional water quality components will also
require a modification to the hydrologic calculations for the detention facility at the southeast
corner of the lake. `Additional hydrologic modifications will also need to be made to
accommodate the recommendations presented in the Lake Avenue Corridor Master Plan.
The following man hour allocations, are related to the additional design service items referenced
above. Those items marked with a * relate specifically to lake outfall research and the preparation of
the Feeder Ditch easement:
Principal (P.E.):
Principal (P.L.S.):
P.E. I Project Manager
Survey Manager:
Engineer Tech:
CAD:
1 Man Field Crew w/ GPS:
Survey Tech:
Clerical:
23.0 Hrs @ $110.00=
41.0 Hrs @$110.00=
114.0 Hrs @ $90:00=
7.5 Hrs @ $80.00
64.0 Hrs @ $65.00=
28.0 Hrs @ $55.00=
11.0 Hrs @ $120.00=
87.5 Hrs @ $60.00=
12.0 Hrs @ $40.00=
$2,530.00
$4,510.00*
$10,260.00
$600.00*
$4,160.00
$1,540.00
$1,320.00*
$5,250.00*
$480.00*
SUB-TOTAL: ..................
........................................................ ............................... $30
At our meeting with the City of Pueblo on January 22, 2009 two additional work requests were made.
The first request was for costs associated with a survey of Carteret between Lakeview and Smith as
required for outfall pipe design in that area. The survey is required to include utility locates. Costs for
that work were included in previous supplemental services request (9 -2 -2008) but were removed
from that request by the City (9 -19- 2008). Secondly, the City had previously requested that NorthStar
make revisions to the Feeder ;Ditch on two separate occasions. That work was previously billed
directly to the City as follows: 7- 21 -08, Invoice No. 20491, $390.00; 12- 29 -08, Invoice No. 20711,
$1,917.50. The City has . requested that the fees for that work be included in this supplemental
services request.
Survey of Carteret between Lakeshore and Smith: .................................................. $5,980.00
Feeder Ditch Easement . Revisions :........................................... ............................... $2,30
........... 8 287
SUB-TOTAL: ................................................................................................
2
a h
At the request of City of Pueblo staff on February 2, 2009 one additional work request was made.
The request was for costs associated with a bid and construction administration. The City has
requested that the fees for this work be included in this supplemental services request.
Attendance at pre -bid conference, preconstruction
conference, and weekly progress meeting :...... ........................ ......................$3,240.00
SUS - TOTAL:.... .............. ............................... .... ............................... $3.240.00
TOTAL: .................................................................................................................. $42,177.50
If you have questions or require additional information please contact me at your earliest
convenience.
Sincerely,
0 , , Mic
Kim K. Kock, P.E.
Vice President / Secretary
3
Appendix B
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment,
engagement, retention or other use of a person receiving retirement benefits (Retiree) through the
Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any
entity owned or operated by a PERA Retiree or an affiliated parry by the City of Pueblo to perform
any service as an employee, contract employee, consultant, independent contractor, or through other
arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a
condition of contracting for services with the City of Pueblo, this document must be completed,
signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent
contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes ,
No
(b) If you answered "yes" to (a) above, please answer the following question: Are you an
individual, sole proprietor or partnership, or a business or company owned or operated by a PERA
Retiree or an affiliated party? Yes , No . If you answered "yes" please state which of the
above entities best describes your business:
(c) If you answered "yes" to both (a) and (b), please provide the name, address and social
security number of each such PERA Retiree.
Name
Address
Name
Address
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
Failure to accurately complete, sign and return this document to the City of Pueblo may result
in your being denied the privilege or doing business with the City of Pueblo.
If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any
employer contribution required to be paid by the City of Pueblo to PERA for salary or other
compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of
yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the
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By:
Name:
Title:
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named
beneficiary or co- beneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA
Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person
who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren,
stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share
or otherwise profit from the performance of services for the City, of Pueblo by the PERA Retiree other than the PERA
Retiree's regular salary or compensation.
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