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.
Bid 20-024,Amendment No.3 Page 6 o!7
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