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ORDINANCE NO. 9423
AN ORDINANCE APPROVING AMENDMENT #2 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 #2 dated February 25, 2019, 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 #2 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 $13,435 for said professional services shall be paid from
Capital Project PL0804 to perform the work agreed to in Amendment #2.
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 #2, to implement
the policies and procedures described herein.
SECTION 5.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
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-6
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 #2 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 #2 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.
Contemporaneously herewith, the City Council is being asked to approve Amendment
#1 to the 2012 Agreement.
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 #2 will provide design revisions necessary to keep the Project in
budget, potholing to verify the depth of utilities and to update the construction cost
estimate.
FINANCIAL IMPLICATIONS:
Funds in the amount of $13,435 shall be available from Project, PL0804, to perform the
scope of work agreed to in Amendment #2.
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:
Second Amendment to Agreement
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
This Second amendment to Agreement for Professional Engineering Services ("Second
Amendment") is executed to be effective as of February 25, 2019 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 entered into a First Amendment to the Agreement dated
February 10, 2017 ("First Amendment"); and,
WHEREAS, Owner and Engineer desire to modify the Agreement and the First
Amendment 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 M086-053 (16810) 1St
Street and Santa Fe Avenue Streetscape, in accordance with Amendment #2 dated
February 25, 2019 including Appendices A, B, C, D and E attached hereto and incorporated
herein by this reference.
2. Successors and Assigns. This Second 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 and the First
Amendment shall remain in full force and effect. If there is any conflict between the Agreement,
or the First Amendment and the terms of this Second Amendment, the terms of this Second
Amendment shall control.
4. Counterparts. This Second 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 Second Amendment by telecopy or via email in a PDF format
shall be deemed transmission of the original Second Amendment for all purposes.
IN WITNESS WHEREOF,the parties to this Second 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:
Name: Nicholas A. Gra isar
Title: Mayor
Attested by -iOttrllc,,0t_ OLt )v
Acting City Clerk-Brenda Arni
Approved as to form:
Name: Daniel C. Kogovsek
Title: City Attorney
ENGINEER:
J.R. Engineering, LLC
a Colorado limited liability company
By: a.e' t
Name: Aaron Clutter
Title: President
2
Appendix A
Scope of Services
Amendment Services:
The purpose of the amendment is to provide additional services for design revisions to update the plans,
update the construction estimate, provide potholing for utility conflict and identify location and depth of
trolley tracks for crosswalk construction. Assistance during the bidding phase also will be provided.
Scope of Services: (Reference Amendment#2 Proposal)
1. Task 1100—Final Design Updates
2. Task 1200—Potholing
3. Task 1300—Bidding Phase
Appendix B
Fee Schedule
Fee for Amendment#2 Scope of Services:$13,435
The Final Design Update revisions,Potholing Services,assistance with the Bidding Phase and Reimbursable
Expenses if needed are all in the Scope of Services for the project.(See Amendment#2 Proposal for more
detail)
Fee:
Task 1100-Final Design Updates $ 5,270
Task 1200-Potholing $ 4,990
Task 1300—Bidding Phase $ 1,395
Task 1400—Reimbursable Expenses $ 1,780
TOTAL FEE: $13,435