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HomeMy WebLinkAbout15070RESOLUTION NO. 15070 A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SHORT-ELLIOTT-HENDRICKSON, INC., IN THE AMOUNT OF $63,841.35 FOR 20-024, NORTHERN AVENUE TRAIL PHASE III, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, Project No. 20-024 (PL2003), TAP M086-082 (22971) Northern Avenue Streetscape Trail Phase 3 Project was awarded to Short-Elliott-Hendrickson, Inc., on August 25, 2020; and. WHEREAS, Amendment No. 3 to a Professional Engineering Services Agreement to Short-Elliott-Hendrickson, Inc., was approved on July 13, 2021; and, WHEREAS, additional design and engineering work contemplated by Amendment No. 3 is needed; and WHEREAS, it is in the best interest of the City to proceed with and complete such design in the manner herein provided; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Amendment No. 3, by and between the City of Pueblo, a Municipal Corporation, and Short-Elliott-Hendrickson, Inc., a Colorado Corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved, and City Council authorizes the additional work contemplated by Amendment No. 3 to be performed in the amount of $63,841.35. SECTION 2. Funds in the amount of $63,841.35 will be paid from Project 2003, Northern Avenue Streetscape Trail Project. SECTION 3. The Purchasing Agent is hereby authorized to execute Amendment No. 3 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 4. The officers of the City are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon final approval. INTRODUCED: November 28, 2022 BY: Larry Atencio MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: November 28, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SHORT-ELLIOTT-HENDRICKSON, INC., IN THE AMOUNT OF $63,841.35 FOR 20-024, NORTHERN AVENUE TRAIL PHASE III, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: This Resolution approves Amendment No. 3 to the Professional Engineering Services Agreement awarded to Short-Elliott-Hendrickson, Inc. (SEH), in the amount of $63,841.35 for Project No. 20-024 (PL2003), TAP M086-082 (22971), Northern Avenue Streetscape Trail Phase III. PREVIOUS COUNCIL ACTION: Ordinance 9600 dated November 25, 2019, transferred funds in the amount of $125,000 from the 2019 Highway User Tax Fund (“HUTF”) balance to Project HU1601 and budgeted and appropriated $125,000 for the Traffic Signal Northern and Prairie Project. Ordinance 9666 dated February 24, 2020, established project PL2003, which approved an IGA between the City of Pueblo and CDOT, transferred $125,000 from project HU1601 to project PL2003, and budgeted and appropriated funds in the amount of $625,000 for the Northern Avenue Streetscape/Trail Phase III Project. Resolution 14465 dated August 24, 2020, approved an agreement for Professional Engineering Services between the City of Pueblo and Short Elliott Hendrickson, Inc., in the amount of $63,037.19, related to the Northern Avenue Streetscape/Trail Phase III Project. Ordinance 9977 dated August 9, 2021, approved an amendment to the Intergovernmental Agreement (“IGA”), TAP M086-082 between Pueblo, a Colorado Municipal Corporation (“City”) and the State of Colorado, Colorado Department of Transportation (“CDOT”) relating to the Northern Avenue Streetscape/Trail Phase III Project. Resolution 14654 dated July 12, 2021, approved an amendment to a Professional Engineering Services Agreement between the City of Pueblo and Short Elliott Hendrickson, Inc., in the amount of $25,006.70, related to the Northern Avenue Streetscape/Trail Phase III Project. Ordinance 10121 dated February 28, 2022, approved Amendment #2 to the IGA between the City of Pueblo and CDOT to allocate $34,000 for right-of-way acquisition. Ordinance 10308 dated October 24, 2022, approved Amendment #3 to the IGA between the City of Pueblo and CDOT to add additional funding, in the amount of $693,494 to the project. BACKGROUND: The Northern Avenue Streetscape/Trail, Phase III Project will continue the trail/shared use path along the north side of Northern Avenue between Cambridge Avenue and Prairie Avenue and upgrade the signal at Northern Avenue and Prairie Avenue. Over the last eight years, the City of Pueblo has redeveloped the trail system and constructed the landscaped center medians along Northern Avenue between Pueblo Boulevard (State Highway 45) East to Cambridge Avenue. The purpose of Amendment No. 3 to the Agreement for Professional Engineering Services is to increase the scope of work and payment to Short-Elliott-Hendrickson (SEH). The City of Pueblo was awarded additional funding in the amount of $693,494 from a CDOT Multimodal Options Fund grant. This grant increased the scope of work for the project to include improvements along Prairie Avenue from Mesa Avenue to the Colorado State Fair entrance on Prairie Avenue. The amendment to the agreement with SEH is necessary to increase the scope and fee for the additional work that SEH will perform to design the additional improvements. FINANCIAL IMPLICATIONS: Funding for the original Agreement ($63,037.19), Amendment #1 ($25,006.70) and Amendment #3 ($63,841.35) will be paid from account PL2003, Northern Avenue Streetscape Trail Project III. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this resolution will cancel the design of the additional improvements awarded; therefore, putting the City of Pueblo in default of the approved IGA amendment #3 approved on October 24, 2022. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. SEH Amendment 3 for Scope of Work DocuSign Envelope ID: E48FC929-D214-4E15-9F39-6D3EE5FE8210 AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN CITY OF PUEBLO AND SHORT- ELLIOTT-HENDRICKSON, INC. This Amendment No. 3 to the Agreement for Professional Engineering Services ("Amendment") is executed to be effective as of the 29th day of November , 2022 by and between the City of Pueblo, Colorado,a Colorado Municipal Corporation ("Owner") and Short-Elliott-Hendrickson, Inc., a registered Minnesota Corporation authorized to do business in the State of Colorado ("Engineer"). Owner and Engineer are sometimes referred to herein as a "Party"and collectively, as the "Parties."WITNESSETH THAT: WHEREAS,Owner and Engineer entered into that certain Agreement for Professional Engineering Services dated the 25th day of August, 2020(the"Agreement")for Bid 20-024(PL2003),TAP M086-082 (22971), Northern Avenue Trail Phase 3; 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. The Agreement is amended by expanding the scope of work to include the following additional services: Engineer shall provide to the Owner additional work for the project including Project Management, Preliminary Design (FIR), Final Design (FOR), Final PS&E Submittal, and Bidding and Negotiation as outlined in Attachment A. The services shall provide the services specifically for the following areas: Mesa Avenue and Prairie Avenue ADA ramps and pedestrian signal improvements;Amherst Avenue intersection ADA and pedestrian signal improvements; and sidewalk along the west side of Prairie Avenue from Amherst Avenue to mid-block crossing north of Purdue Street. 2. Attachment A to this Amendment No. 3 shall be additional work as agreed upon by Engineer and Owner, and Engineer shall complete the work items as generally described in said Attachment A in accordance with the terms of the Agreement and any and all prior amendments thereto. 3. With respect to services provided under the Amendment No. 3,the fee schedule attached as Attachment B to this Amendment No. 3 shall apply to compensation payable to Engineer. The aggregate compensation payable to the Engineer for performance of the additional services authorized by this Amendment No. 3 shall not exceed the maximum amount of$63,841.35 as set forth in the Attachment B and notwithstanding whether the service is billed as Time and Material. 4. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 5. Except as expressly modified by this Amendment No. 3,the Agreement and any and all prior amendments thereto shall remain in full force and effect. Except as modified by this Amendment No. 3, any obligations to be performed under the Agreement and any and all prior amendments thereto by either party are not Bid 20-024,Amendment No.3 Page 1 of 7 DocuSign Envelope ID:E48FC929-D214-4E15-9F39-6D3EE5FE8210 waived nor excused in any manner but shall be performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 3. 6. 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 IN WITNESS WHEREOF,the Parties to this Amendment No. 3 have set forth their hand,to be effective as of the effective date. CITY OF PUEBLO,A MUNICIPAL CORPORATION SHORT-ELLIOTT-HENDRICKSON, INC. ,-DocuSigned by: c DocuSigned by: B O --- B 2..14.40.�. liowlso... 6835140B28C0400... 8E57856194CA4F9... Naomi C. Hedden, Director of Purchasing James Hayson, Principal-In-Charge DocuSigned by: iq c,1E01 i,• i fir, es Attes rika.ALSZI. S ti / 7CO2EBDFFC3D43C... 744741ili ' Marisa Stoller,city Clerk 1 S !_A ; •Mh BALANCE OF APPROPRIATION EXISTS FOR THIS AGREEMENT AND FUNDS ARE AVAILABLE. DocuSigned by: CAE4752363A94D6... Alexandria Romero, Finance Director APPROVED AS TO FORM DocuSigned by: 1/tALt, 61bu•91. 245CE6E53248480.,. Dan Kogovsek,City Attorney Attachments: Attachment A Scope of Services for Additional Work Attachment B Fee Schedule for Additional Work Bid 20-024,Amendment No.3 Page 2 of 7 Attachment A Additional Scope of Service Excerpt from proposal dated August 19, 2022 from Engineer Northern Avenue Trail Phase Ill —Additional Services (2) Project Understanding and Limits:The Northern Avenue Trail—Phase Ill overall alignment and associated improvements will be located in the City of Pueblo Right-of-Way along the north side of Northern Avenue from Cambridge Avenue to Prairie Avenue;along the west side of Prairie Avenue from NorthernAvenue to approximately Mesa Avenue;including the northern median reconstruction at Mesa Avenue and Prairie Avenue and ADA ramps and pedestrian signal improvements; Amherst Avenue intersection ADA and pedestrian signal improvements;along the west side of Prairie Avenue from Amherst Avenue to mid-block crossing north of Purdue Street;and signal improvements for northwest and southwest corners of intersection of Prairie Avenue and Northern Avenue.The trail will consist of a 10'concrete trail with associated landscape and streetscape improvements along Northern Avenue and varying width of not less than 6 feet for the remainder of the alignment in accordance with grant submitted to Colorado Department of Transportation. Scope:The Basic Services provided by SEH as set forth herein and for that portion of the project including Mesa Avenue and Prairie Avenue ADA ramps and pedestrian signal improvements;Amherst Avenue intersection ADA and pedestrian signal improvements;sidewalk along the west side of Prairie Avenue from Amherst Avenue to mid-block crossing north of Purdue Street is provided subject to the attachedAgreement for Professional Services. Unless task is explicitly included in scope of work,task is explicitly excluded. Our services will consist of: Project Management 1. Attend project kick-off meeting with key City of Pueblo and SEH team members for the purpose of discussing the project scope,schedule,issues and opportunities,and critical success factors. 2. Attend two(2)project coordination and review meetings with City of Pueblo and CDOT staff at key milestones of design phase to ensure regulatory compliance and resolve review issues. 3. Project management to include records management,archiving and communications. 4. Monthly invoicing and status reporting throughout course of project. 5. Maintaining project budget and schedule. Deliverables:Approved schedule,updates to schedule as necessary,monthly invoices with progress reports,monthly budget reports,monthly communication summaries,meeting minutes. Preliminary Design(FIR—Field Inspection Review) 1. Design Survey a. SEH will establish horizontal and vertical control based on NGS monuments located in the field.Once control is established,three monuments will be positioned outside the project limits and coordinates and elevations will be associated with each monument. These site monuments will be used for the design and determination of right-of-way. b. A topographic survey will be performed using a Trimble S6 total station and Trimble GPS receivers in RTK mode.The survey will cover the proposed project limits as described in project understanding above being within property owned or controlled by City of Pueblo,and those portions of privately owned property necessary for design,but not greater than 25'within.The survey will include all roadway features,drainage features, and large trees,toe of slopes,tops of cuts,signage,surface utility features,fences,and structures.Once utility locates have been marked in the field,the utility markings will be Bid 20-024,Amendment No.3 Page 3 o`7 located in the field by SEH surveyor. A final topographic map will be provided showing all the above-mentioned features along with one foot contours. c. SEH will provide utility locates of project area as defined from best available information provided by utility providers or otherwise determined. d. SEH will provide the research needed to determine the right-of-way.This research will then be used to search for monuments in the field.Any found monuments will then be analyzed and compared to the record data to determine the site corridor. 2. A preliminary design package will be developed to the 30%Design level for City of Pueblo and CDOT review.This package will contain proposed design of improvements in plan and profile views depicting existing and proposed grades,typical sections of trail,general landscape and streetscape features, preliminary signal layout,and general notation. 3. An Engineer's opinion of probable cost will be completed and discussed with City of Pueblo. 4. SEH will coordinate and facilitate the FIR Meeting with City of Pueblo and CDOT staff. a. FIR meeting minutes will be completed within 3 days after the meeting. The minutes will be distributed to attendees and stakeholders for review,comment,and clarification. b. SEH will revise plans and address comments per City of Pueblo and CDOT review comments. S. Assist City of Pueblo in initiation of necessary coordination and clearance requirements from CDOT Specialty Units. Deliverables—Topographic map in State Plane Coordinates depicting ground features, contours at 1- foot intervals,and boundary in PDF and DWG formats; TIN of existing and proposed ground surfaces; survey field notes and coordinate information for control;SUE Investigation—Level B;FIR plan set (Cover Sheet with vicinity and location map,plan and profile sheets, typical sections, signal layout sheet,standard plan list, summary of quantities,and details);preliminary engineer's estimate. Final Design(FOR—Final Office Review) 1. A complete set of construction documents required for a final design,FOR level submittal will be developed in CDOT format,including cover sheet,standard plan list,general notes,summary of approximate quantities,survey control diagram, survey tabulation,trail plan and profile sheets, limited grading plan,pedestrian signal plans,details,general project notes,and Storm Water Management plan. 2. An Engineer's opinion of probable construction cost will be completed and discussed with City of Pueblo. 3. Preparation of contract documents to include Project Special Provisions,CDOT Standard Project Provisions,City of Pueblo Technical Specifications and City of Pueblo front end documents. 4. The final design will be discussed with City of Pueblo staff.SEH will revise plans per City of Pueblo review comments. S. SEH will coordinate and administer the FOR meeting with City of Pueblo and CDOT staff. a. FOR meeting minutes will be completed within 3 days after the meeting.The minutes will be distributed to attendees and stakeholders for review,comment,and clarification. 6. Prepare CDOT Format Right-of-Way Plans a. Perform field work to identify required control for development of right-of-way plans. b. Prepare right-of-way plans for the purpose of property/easement acquisition,assumed to be(3)permanent easements,in CDOT approved format to include: • Title Sheet • Ownership Tabulation Sheets • Project Control Diagram • Land Survey Control Diagram • Monumentation Sheets • Plan Sheets • Ownership Map Bid 20-024,Amendment No.3 Page 4 of 7 c. Attend one (1) Right-of-Way Plan Review Meeting with CDOT and City's property acquisition staff. • Revise and submit final ROW plans for approval by CDOT. Deliverables—Cover sheet with Vicinity Map and Project Map,COOT Standard Plan List, as applicable,general notes,survey control diagram, survey tabulation sheet,plan and profiles, grading plan, SWMP, details,signing and striping plan,project construction contract documents,and engineer's estimate,ROW Plans and legal descriptions. Final PS&E Submittal 1. A complete set of construction documents required for a CDOT PS&E(Plans,Specifications and Estimate)will be prepared for submittal. 2. Assist City of Pueblo in preparation of Utility, Right-of-Way,and Environmental Clearance Letters. a. Provide documentation to CDOT of utility clearance from all known utility companies. b. Provide documentation to CDOT of no existing right-of-way impacts.It is assumed that no right-of-way impacts exist based on conceptual level research.If it is determined that right-of-way or easements must be acquired,SEH will assist City of Pueblo in acquisition with preparation of ROW plans as an additional service. c. It is assumed that COOT will complete environmental clearances. Deliverables—PDF files of PS&E package, DWG files of plans, Word Documents of contract documents and specifications,engineer's estimate,meeting agenda and minutes. Bidding and Negotiation 1. SEH will attend Pre-bid Meeting. 2. Clarify and respond to bidder's questions,as appropriate,during the solicitation process. 3. Assist City in evaluation of bid results and request for concurrence to award from CDOT. Specific Exclusions/Assumptions • Right of Entry onto private property will be provided by City of Pueblo. • Right-of-way plans for property acquisition are anticipated and assumed to require up to three(3) permanent easements. • Legal descriptions for right-of-way acquisition/easements. • Potholing of utilities is not included. • Site lighting design is not included. • City of Pueblo will provide,or give access to,SEH all previously approved agreements between City of Pueblo and CDOT. • City of Pueblo will provide,or give access to,SEH other engineering design and reports,not listed above. • City of Pueblo will provide,or give access to,SEH all plats,deeds,or legal descriptions of properties adjacent or included within project limits. • Additional meetings,as requested by City of Pueblo,or required by COOT,shall be conducted on a time and materials basis,based on the Rate Schedule Method. • This fee proposal assumes that there will be no more than one(1)review/response cycle, per phase,with City of Pueblo or CDOT on the information provided. • The fee assumes that the study area and scope of work provided by SEH at the time of the Bid 20-024,Amendment No.3 Page 5 o`7 proposal will not change.Any modifications to the scope that affect the study area, project limits or scope shall be considered additional services and negotiated by City of Pueblo and SEH prior to any additional work commencing. • Construction Administration services from date of concurrence to award are not included. 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