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Home My WebLink About09954 ORDINANCE NO. 9954 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF 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 and second phase of recreation improvements identified in the master plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Second 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 is authorized to affix the Seal of the City thereto and attest same. SECTION 3. Funds in the amount of $24,800 for said professional services shall be paid from Capital Project PL1703. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with 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 June 14, 2021 . Final adoption of Ordinance by City Council on June 28, 2021 . President of City Council Action by the Mayor: ☒ Approved on June 30, 2021 . □ 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-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: June 14, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF 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 and authorizes the Mayor to sign the Second Amendment for professional design and engineering services related to the Arkansas River Flood Levee Master Planning and Design, 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. On March 23, 2020, City Council approved the First Amendment to the Professional Engineering Services Agreement between the City and NorthStar Engineering and Surveying, Inc. to complete design and engineering services for portions of the second 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. 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 (GOCO), Connection Initiative, Department of Local Affairs Energy/Mineral Impact (DOLA EIAF), and Colorado Department of Transportation, Transportation Alternatives (CDOT TAP) Funding. The First Amendment to the Professional Services Agreement provided design and engineering services for the Main Street pedestrian bridge, Westside Neighborhood Connections, and site amenities. These amenities are being constructed with DOLA EIAF and GOCO funds. The Second Amendment to the Professional Services Agreement will provide construction administration, staking, and testing services for the shade structures that were not included in the original project scope. Services that will be provided by NorthStar th Engineering include modifications to the concrete trail between the 4 Street and the Union Avenue Bridges resulting from the project modification. FINANCIAL IMPLICATIONS: Funds in the amount of $24,800 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 Amendment No. 2 to the Agreement for Professional Design/Consulting Services AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL DESIGN/CONSULTING SERVICES This Amendment No. 2 to the Professional Design/Consulting Services Agreement ("Amendment") is executed to be effective as of June 28, 2021 by and between the City of Pueblo, Colorado,a Colorado Municipal Corporation("Owner")and NorthStar Engineering and Surveying, Inc.,a Colorado Corporation("Contractor"). Owner and Contractor are sometimes referred to herein as a"Party" and collectively, as the"Parties." WITNESSETH THAT: WHEREAS, Owner and Contractor entered into that certain Professional Design/Consulting Services Agreement 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 additional services related to Phase 2 of the Arkansas River Flood Levee Master Plan as specified in the Scope of Services for a total cost of$24,800 as indicated in the Fee Schedule. Scope of Services and Fee Schedule are attached hereto and incorporated herein by this reference. 2. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 3. Ratification. The Agreement dated September 11, 2017 is hereby ratified and except as expressly stated herein,the Agreement shall remain in full force and effect. If there is any conflict between the terms of the Agreement, and the terms of this Amendment,the terms of this Amendment shall control. 4. Counterparts. This 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 Amendment by any electronic format,telecopy or via email in a PDF format, shall be deemed transmission of the original Amendment for all purposes. Electronic signatures shall be deemed valid and binding to the same extent as the original (Signature Page Follows) Bid 17-022 Amendment No.2 Page 1 of 3 IN WITNESS WHEREOF, the Parties to this Amendment No. 2 have set forth their hand, to be effective as of the effective date. CITY OF PUEBLO, NorthStar Engineering and Surveying, Inc. A MUNICIPAL CORPORATION By G,�� C�� 1 By Nicholas A. Gradisar �im Kock Mayor President Attest C rk [ SEAL ] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. c,-.7/1a,e4,04,..kia,i, 6y/ .)4(/' ir ctor of Finance APPROVED AS TO FORM: c,7 v,et_ City Attorney Attachment: Letter from NorthStar Engineering and Surveying dated April 5, 2021 Including Scope of Services and Fee Schedule Bid 17-022 Amendment No.2 Page 2 of 3 N O RT H �•�..��` T R I IV(alNif Y-r Y'21NC: ANC) :UYt�if`YINC:, Sernn9 Pueblo 8 So Golorardo Since 1939 IIV C . 111 E. 5th Street (719)544-6823 Pueblo, CO 81003 (719) 544-6825 Fax Km Kock, P.E. Michael L Guppy, P.E.,E,,,, ,. JN 12 008 04 Date April 5, 2021 City of Pueblo, Depart of Planning and Community Development 111 E. D Street Pueblo, CO 81003 Attn: Beritt Odom and Steven Meier Via: Email bodom@pueblo.us, smeier@pueblo.us Re: Additional Services for Arkansas River Flood Levee Master Planning and Design Project - Phase 2 in the City of Pueblo, CO NorthStar Engineering and Surveying, Inc. has completed all design services related to its scope for the above referenced project($50,000.00 contract). As you are aware construction administration, staking, testing, etc. services for the improvements associated with that scope are being completed by us and CTL Thompson, Inc. under contract with the Pueblo Conservancy District. The City of Pueblo is requesting that NorthStar(and CTL) complete additional services on the project for an expanded scope of recreational improvements. That work includes services related to new shade structures, trail modifications, and trail extensions. Not only do our services include reviews, layout, and coordination of new shade structures complete with trail redesigns and extensions, our work also includes: project improvement estimating and coordination with the City grant funds; furnishing pricing information to the project contractor and coordination of bid pricing with the contractor and the City; shop drawing reviews; construction staking of the new structures; inspections and typical construction administration services; and concrete and soils testing (CTL Thompson). Project Fee including projected manhour allocation and reimbursable expenses: a. Principal(PE/PLS): 40 hours @ $160.00 = $6,400.00 b. Project Engineer: 100 hours @$110.00 = $11,000.00 c. CAD Technician: 24 hours @ $70.00 = $1,680.00 d. Field Crew with GPS: 16 hours @ $150.00 = $2.400.00 e. Concrete and soils testing (CTL Thompson): $3,000.00 f. Bluelines, xerox, mileage and miscellaneous expenses: $320.00 TOTAL FEE: . $24,800.00 Bid 17-022 Amendment No.2 Page 3 of 3