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ORDINANCE NO. 9689
AN ORDINANCE APPROVING THE FIRST AMENDMENT
TO THE PROFESSIONAL ENGINEERING SERVICES
AGREEMENT BETWEEN PUEBLO, A COLORADO
MUNICIPAL COPORATION, AND NORTHSTAR
ENGINEERING AND SURVEYING, INC. RELATING TO THE
DESIGN AND ENGINEERING OF THE ARKANSAS RIVER
FLOOD LEVEE MASTER PLANNING AND DESIGN AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, NorthStar Engineering and Surveying was selected to provide
professional engineering services for the Arkansas River Levee Park Master Plan, design,
and engineering services for the first phase of recreation improvements identified in the
master plan; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The First Amendment to the Agreement for Professional Design/Consulting
Services between the City of Pueblo, a Colorado Municipal Corporation, and NorthStar
Engineering, a copy of which is attached, 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 Agreement on behalf
of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the
Seal of the City thereto and attest same.
SECTION 3.
Funds in the amount of $50,000 for said professional services shall be paid from
Capital Project PL1703.
SECTION 4.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of this Ordinance 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 March 9, 2020 .
Final adoption of Ordinance by City Council on March 23, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on March 25, 2020 .
☐ 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
City Clerk
City Clerk’s Office Item # R-5
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: March 9, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN
PUEBLO, A COLORADO MUNICIPAL COPORATION, AND NORTHSTAR
ENGINEERING AND SURVEYING, INC. RELATING TO THE DESIGN
AND ENGINEERING OF THE ARKANSAS RIVER FLOOD LEVEE
MASTER PLANNING AND DESIGN AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
SUMMARY:
This Ordinance approves the First Amendment for professional design and engineering
services related to the Arkansas River Flood Levee Master Planning and Design Project
PL1703.
PREVIOUS COUNCIL ACTION:
On September 11, 2017, City Council approved an Agreement for Professional
Engineering Services with NorthStar Engineering and Surveying, Inc. to complete a
recreation Master Plan for the Arkansas River Levee Corridor and design and engineering
for the first phase recreation improvements, Resolution 13769.
BACKGROUND:
NorthStar Engineering and Surveying completed the Arkansas River Levee Park Master
Plan in December 2018 and design and engineering for the primary recreation
improvements identified in the Master Plan. The engineered improvements included the
th
Levee Trail, 4 Street pedestrian bridge, trail connection to the Grove Neighborhood,
Arkansas River access from the levee, and the safety ledge along the toe of the levee
within the Arkansas River Whitewater Park, which are being constructed with Great
Outdoors Colorado, Connection Initiative Funding.
The First Amendment to the Professional Services Agreement will provide design and
engineering services for the remaining portions of the first phase recreation improvements
identified in the Arkansas River Levee Park Master Plan, which include the Main Street
pedestrian bridge, Westside Neighborhood Connections, and site amenities. These
amenities will be constructed with Department of Local Affairs Energy Impact Assistance
Funds.
FINANCIAL IMPLICATIONS:
Funds in the amount of $50,000 shall be available from Project, PL1703 to pay for the
additional engineering services.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
The Arkansas River Levee Trail Main Street pedestrian bridge, Westside Neighborhood
Connections, and trail amenities will not be designed and constructed if this Ordinance is
not approved.
RECOMMENDATIONS:
Approval of the Ordinance.
Attachments: Proposed Ordinance
First Amendment to Agreement
FIRST AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT
This First Amendment to Agreement for Professional Design/Consulting Services("First Amendment")
is executed to be effective as of h,Ngc: it 2,3 , 2020 by and between the City of Pueblo, Colorado, a
Colorado Municipal Corporation ("Owner") and NorthStar Engineering and Surveying, Inc., a professional
design/consulting firm ("Contractor").
WHEREAS, Owner and Contractor entered into that certain agreement for services dated September
11,2017(the"Agreement");and
WHEREAS,Owner and Contractor 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 Contractor hereby agree to the following:
AGREEMENT
1. Scope of Services and Cost of Services.Contractor shall render services to prepare construction
documentation and engineering for Phase 2 of the Arkansas River Flood Levee Master Plan, as specified in the
Scope of Service,for a total of$50,000,as indicated in the Fee Schedule,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 and the terms of this 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.
IN WITNESS WHEREOF,the parties to this First Amendment have set forth their hand,to be effective
as of the effective date.
OWNER: CONTRACTOR:
City of Pueblo, Colorado NorthStar Engineering and Surveying,Inc..
•
By: By: A*171-2- ---
Name: Nicholas A.Gra Isar,Mayor Name: t/Principal
!►1:d►-el etier-/ U,cc_ P<<>:j I--
Attested by: Balance of Appropriation Exists for this
40,,,-,dg //�� Amendmentntand Funds are Available:
A.,-
4„-,,,Ppl,
Name: Brenda Armijo,Cit /Clerk Director of Finance
Approved as to form:
d Iii ' 01
Name: Daniel it ogovsek,City Attorney
t
NORTHS►T R
EN CaINEERINC3 ANS SURVEYIN .
Serving Pueblo& So. Colorado Sinco 1939
111 East 5th Street (719) 544-6823
Pueblo, CO 81003 I N C - Fax (719) 544-6825
Kim K. Kock, P.E. Michael L.Cuppy,P.E., P.L.S.
SCOPE OF SERVICE
Preparation of Construction Documentation for Phase 2 Project
A) Project components requiring design development/construction document
preparation include only those items included in the City's pending grant agreement
with DOLA and pending IGA with the Pueblo Conservancy District. They are generally
described as follows:
a. Main Street Pedestrian Bridge across the Arkansas River.
b. West side levee trail connection consisting of ADA accessible ramp(5'clear
width) up the face of the new concrete levee in the general location of the
existing construction vehicle access ramp.
c. Levee Trail Connection consisting of a low water crossing of Wildhorse Creek
in an area of projected 14th Street.
B) Preparation of Contract Documents:
a. Prepare Contract Documents detailing the work to be completed for the Phase
2 Project(drawings,specifications,and construction pricing documents)for
negotiation of final construction pricing with the Pueblo Conservancy District's
existing on-site Arkansas River Levee Improvements Phase 6 contractor and
City's pending 4th Street pedestrian/emergency access bridge supplier.
b. Complete topographic/improvements survey of project sites.
c. Develop general plan,elevation,and typical sections for a prefabricated steel
pedestrian bridge near Main Street including approaches.
d. Structural analysis/design of foundations/abutments for pedestrian bridge and
foundations for ADA ramp and low water crossing.
e. Geotechnical Investigation with test holes and report.
f. Trail layout, profile,and cross section for each approach to the new Main
Street pedestrian bridge.
g. Layout of new ADA ramp and Wildhorse Creek low water crossing to meet
accessibility requirements. Trail approaches to these two facilities to be
conceptualized but not designed as funding does not exist for additional trail
construction at this time.
h. Final engineering and site design.
i. Prepare a Stormwater Asset Management Plan(SWAMP).
j. Prepare project cost estimate.
k. Two meetings with City staff to review project details.
I. Meetings and consultations regarding the City's project grant from DOLA and
the City's IGA with the Pueblo Conservancy District.
m. Construction administration services including inspections,staking, material
testing,etc.to be included In Pueblo Conservancy District provided services
funded via the two IGA's between the City and the District.
N O RT I-1 ��...' T R
ENcaINEERINd ANO SIJRVEYINca.
Serving Pueblo&So. Colorado Since 1939
111 East 5th Street (719) 544-6823
Pueblo, CO 81003 I N - Fax (719) 544-6825
Kim K. Kock, P.E. Michael L. Cuppy, P.E.,P.LS.
FEE SCHEDULE
Project Fee including Projected Manhour Allocation and Reimbursable Expenses:
a. Principal(PE/PLS): 92 hours @$160.00= $14,720.00
b. CTL Principal Engineer: 12 hours @$180.00= $2,160.00
c. Project Engineer: 160 hours @$110.00= $17,600.00
d. CAD Technician: 108 hours @$70.00= $7,560.00
e. Field Crew with GPS: 16 hours @$145.00= $2,320.00
f. Geotechnical Investigation and Report: $5,000.00
g. Bluelines,xerox, mileage,miscellaneous expenses: $640.00
TOTAL FEE: S5Q,000.0Q
FIRST AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT
This First Amendment to Agreement for Professional Design/Consulting Services("First Amendment")
is executed to be effective as of oN.Ata.0 1k 13 , 2020 by and between the City of Pueblo, Colorado, a
Colorado Municipal Corporation ("Owner") and NorthStar Engineering and Surveying, Inc., a professional
design/consulting firm ("Contractor").
WHEREAS, Owner and Contractor entered into that certain agreement for services dated September
11,2017(the"Agreement");and
WHEREAS,Owner and Contractor 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 Contractor hereby agree to the following:
AGREEMENT
1. Scope of Services and Cost of Services.Contractor shall render services to prepare construction
documentation and engineering for Phase 2 of the Arkansas River Flood Levee Master Plan, as specified in the
Scope of Service,for a total of$50,000,as indicated in the Fee Schedule,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 and the terms of this 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.
IN WITNESS WHEREOF,the parties to this First Amendment have set forth their hand,to be effective
as of the effective date.
OWNER: CONTRACTOR:
City of Pueblo, Colorado NorthStar Engineering and Surveying,Inc..
B By:
Y� L/
Name: Nicholas A.Gra ar, Mayor Name: [4i t/Principal
evr'pp \d( -Prt ,L-,+
Attested by: Balance of Appropriation Exists for this
Ame ment and Funds are Available:
‘---)e( f CLOL
/11/41- 41
Name: Brenda Armijo,City erk Director of Finance
Approved as to form:
nfori
Name: aniel C.Kogovsek,City Attorney
NORTHST R
NC3I1VIEERINC3 ANC SURVEYINC3.
Serving Pueblo& So. Colorado Sinco 1939
111 East 5th Street ' N C _ (719) 544-6823
Pueblo, CO 81003 Fax (719) 544-6825
Kim K. Kock, P.E. Michael L.Cuppy, P.E., P.L.S.
SCOPE OF SERVICE
Preparation of Construction Documentation for Phase 2 Project
A) Project components requiring design development/construction document
preparation include only those items included in the City's pending grant agreement
with DOLA and pending IGA with the Pueblo Conservancy District. They are generally
described as follows:
a. Main Street Pedestrian Bridge across the Arkansas River.
b. West side levee trail connection consisting of ADA accessible ramp(5'clear
width)up the face of the new concrete levee in the general location of the
existing construction vehicle access ramp.
c. Levee Trail Connection consisting of a low water crossing of Wildhorse Creek
in an area of projected 14th Street.
B) Preparation of Contract Documents:
a. Prepare Contract Documents detailing the work to be completed for the Phase
2 Project(drawings,specifications,and construction pricing documents)for
negotiation of final construction pricing with the Pueblo Conservancy District's
existing on-site Arkansas River Levee Improvements Phase 6 contractor and
City's pending 4th Street pedestrian/emergency access bridge supplier.
b. Complete topographic/improvements survey of project sites.
c. Develop general plan,elevation,and typical sections for a prefabricated steel
pedestrian bridge near Main Street including approaches.
d. Structural analysis/design of foundations/abutments for pedestrian bridge and
foundations for ADA ramp and low water crossing.
e. Geotechnical Investigation with test holes and report.
f. Trail layout, profile,and cross section for each approach to the new Main
Street pedestrian bridge.
g. Layout of new ADA ramp and Wildhorse Creek low water crossing to meet
accessibility requirements. Trail approaches to these two facilities to be
conceptualized but not designed as funding does not exist for additional trail
construction at this time.
h. Final engineering and site design.
i. Prepare a Stormwater Asset Management Plan(SWAMP).
j. Prepare project cost estimate.
k. Two meetings with City staff to review project details.
I. Meetings and consultations regarding the City's project grant from DOLA and
the City's IGA with the Pueblo Conservancy District.
m. Construction administration services including inspections,staking, material
testing,etc.to be included In Pueblo Conservancy District provided services
funded via the two IGA's between the City and the District.
•
N O RTH ST R
ENc %INEERINCa ANA El .9URVEleINJC3.
Serving Pueblo & So. Colorado Since 1938
111 East 5th Street (719) 544-6823
Pueblo, CO 81003 1 N C - Fax (719) 544-6825
Kim K.Kock, P.E. Michael L.Cuppy, P.E.,P.L.S.
FEE SCHEDULE
Project Fee including Projected Manhour Allocation and Reimbursable Expenses:
a. Principal(PE/PLS): 92 hours @$160.00= $14,720.00
b. CTL Principal Engineer: 12 hours @$180.00= $2,160.00
c. Project Engineer: 160 hours @$110.00= $17,600.00
d. CAD Technician: 108 hours @ $70.00= $7,560.00
e. Field Crew with GPS: 16 hours @$145.00= $2,320.00
f. Geotechnical Investigation and Report: $5,000.00
g. Bluelines,xerox, mileage, miscellaneous expenses: S640.00
TOTAL FEE: $50,000.00