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Home My WebLink About09422 ORDINANCE NO. 9422 AN ORDINANCE APPROVING AMENDMENT #1 TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND J.R. ENGINEERING, LLC, A COLORADO LIMITED LIABILITY COMPANY, RELATING TO THE CITY CENTER DRIVE AND SANTA FE AVENUE STREETSCAPE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, J.R. Engineering, LLC has been selected to provide professional engineering services for the City Center Drive and Santa Fe Avenue Streetscape Project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment #1 dated February 10, 2017, to the Agreement for Professional Engineering Services, between the City of Pueblo, a Colorado Municipal Corporation, and J.R. Engineering, LLC, a Colorado Limited Liability Company, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute and deliver said Amendment #1 on behalf of the City of Pueblo, and the Acting City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Funds in the amount of $27,612 for professional services agreed to in Amendment #1, shall be paid from Capital Project PL0804. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached Amendment #1, to implement the policies and procedures described therein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. nunc pro tunc effective February 10, 2017. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 11, 2019. Final adoption of Ordinance by City Council February 25, 2019. on President of City Council Action by the Mayor: Approved on February 28, 2019 . ☒ □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 11, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING AMENDMENT #1 TO A PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND J.R. ENGINEERING, LLC, A COLORADO LIMITED LIABILITY COMPANY, RELATING TO THE CITY CENTER DRIVE AND SANTA FE AVENUE STREETSCAPE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT SUMMARY: This Ordinance approves Amendment #1 for professional engineering services related to the City Center Drive and Santa Fe Avenue Streetscape Project, PL0804. PREVIOUS COUNCIL ACTION: On February 27, 2012, City Council approved an agreement for professional engineering services with J.R. Engineering, LLC by Resolution No. 12322. BACKGROUND: The City received a CDOT grant for the streetscape improvements on Santa Fe Avenue nd between 2 Street and Hector Garcia Avenue. The Project consisted of replacement of sidewalk, curb and gutter and providing streetscape enhancements such as, street trees and landscaping. New ADA handicapped ramps and crosswalks will be provided at all st four corners of the intersection at 1 Street, now City Center Drive. The services agreed to in Amendment #1 will add Right of Way Plans, design revisions, traffic control plans, decorative wall details, lighting plan and landscape plans related to the Project. FINANCIAL IMPLICATIONS: Funds in the amount of $27,612 shall be available from Project, PL0804. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable ALTERNATIVES: Denial of the Ordinance will delay the City Center Drive and Santa Fe Avenue Streetscape Project. RECOMMENDATIONS: Approval of the Ordinance. Attachments: FirstAmendment to Agreement FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This First amendment to Agreement for Professional Engineering Services ("First Amendment") is executed as of February 25, 2019 (nunc pro tunc effective February 10, 2017) by and between the City of Pueblo, Colorado, a Colorado municipal corporation ("Owner") and J.R. Engineering, LLC a professional engineering firm and Colorado limited liability company ("Engineer"). WHEREAS, Owner and Engineer entered into that certain agreement for professional engineering services dated February 27, 2012 (the "Agreement"); and, WHEREAS, Owner and Engineer desire to modify the Agreement pursuant to the provisions set forth herein. NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Owner and Engineer hereby agree to the following: AGREEMENT 1. Scope of Services and Cost of Services. Engineer shall render certain engineering and related services for Owner in connection with City Project No. 11-101 STE N4086-053 (16810) 1st Street and Santa Fe Avenue Streetscape, in accordance with Amendment #1, dated February 10, 2017 attached hereto and incorporated herein by this reference. 2. Successors and Assigns. This First Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3. Ratification. Except as expressly stated herein the Agreement shall remain in full force and effect. If there is any conflict between the Agreement, or the First Amendment, the terms of this First Amendment shall control. 4. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document with the same effect as if all parties had signed the same original. The parties further agree that transmission of this First Amendment by telecopy or via email in a PDF format shall be deemed transmission of the original First Amendment for all purposes. IN WITNESS WHEREOF, the parties to this First Amendment have set forth their hand, to be effective as of the effective date. 1 OWNER City of Pueblo, Colorado a Colorado municipal corporation By: l � Name: icholas A. Gra sar Title: Mayor Attested b . . � , ' 't.4 Acting City Clerk Approved as to form: >414.XA.t Q- • '< p Oat Name: Daniel C. Kogovsek f Title: City Attorney ENGINEER: J.R. Engineering, LLC a Colorado limited liability company By: arevt- la/A-- Name: Aaron Clutter Title: President 2