HomeMy WebLinkAbout8623RESOLUTION NO. 8623
A RESOLUTION APPROVING AN AMENDMENT #1 TO AN AGREEMENT
FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN
PUEBLO, A MUNICIPAL CORPORATION, AND HGF ARCHITECTS, INC.,
RELATING TO THE D &RGW FREIGHT STATION PROJECT AND
AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1
An amended agreement #1 dated February 8, 1999, between the City of Pueblo, a
Municipal Corporation, and HGF Architects, Inc., of which a copy is attached hereto and on file at
the office of the City Clerk, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest same.
SECTION 3
Funds not to exceed $18,100 for said professional services shall be paid from account
No. 145- 1994 -308- 000 - 040 -8821.
SECTION 4
This resolution shall become effective upon final passage.
INTRODUCED: FEBRUARY 8. 1999
BY: Rich Gol nd
C NCIL P
APPROVED: Il k-
Jam.
PRESIDENT OF CITY COUNCIL
ATTEST: ;
ITY CLERK
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po"' Z--R-99
Council Agenda
City of Pueblo, Colorado
Title: A RESOLUTION APPROVING AN AMENDMENT #1 TO AN AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND HGF ARCHITECTS, INC., RELATING TO THE D &RGW FREIGHT
STATION PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO
EXECUTE SAME
Agenda Item #
Department: PLANNING
Date: FEBRUARY 8, 1999
ISSUE Should the City Council approve an amendment to an existing agreement for
architectural services with HGF Architects, Inc. relating to Phase 11, Renovation of the
D &RGW Freight Station?
BACKGROUND
The City of Pueblo has entered into a Contract with the Colorado Department of
Transportation for the renovation of a section of the D &RGW Freight Station in the amount
of $312,500. The project includes architectural services, utilities installation, and interior
renovation of the two story section of the station. It is the intention that that Phase II will
allow the Southeastern Heritage Center to have a presence in the building and area,
located at the corner of Victoria Avenue and 'B' Street.
The architectural firm of HGF Architects, Inc. was the sucessful firm procured from a
selection process to be the project architect. This Amendment relates to architectural
services for renovation in the two story section of the building. The Amendment is in the
amount not to exceed $18,000. This project is funded by the Colorado Department of
Transportation ISTEA Funds and the City of Pueblo.
The Department of Public Works and Department of Planning and Development will be
responsible for project management. The firm of HGF Architects, Inc. will perform
construction inspection and administration.
RECOMMENDATION Approval of the Resolution.
FINANCIAL IMPACT Funds for said project shall be available from
Account No. 145 - 1994 - 308 - 000 - 040 -8821.
AMENDMENT NO. 1
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AMENDMENT NO. 1 to Agreement for Professional Architectural Services is made
and entered into this 8th day of February, 1999 by and between the City of Pueblo, a Municipal
Corporation (hereinafter referred to as "Owner ") and Hurtig, Gardner, Froelich, Architects, Inc., a
professional architect firm (hereinafter referred to as "Architect ").
WHEREAS, Owner and Architect have heretofore entered into an Agreement (hereinafter
"the Agreement ") dated August 11, 1997, wherein Architect agreed to render certain professional
architectural and related services for Owner in connection with the D &RGW Freight Station
(hereinafter referred to as the "Project "); and
WHEREAS, the parties agree that this Amendment to the Agreement is necessary and
desirable to modify the contract to provide for the additional design work and preparation of Bid
Documents (including Contract Documents, Plans and Specifications) and performance of
construction administration activities by Architect with respect to Phase II -A of the Project and to
modify the contract to include required federal provisions applicable thereto;
NOW, THEREFORE, in consideration of the foregoing and mutual terms and conditions set
forth herein, the parties agree as follows:
1. The Agreement is amended by expanding the scope of work to include all
professional architectural services and functions reasonably required or necessary for the Schematic
Design Phase, Design Development Phase, Construction Documents and Bidding Phase and
Construction Phase, as contemplated within Sections I and 2 of the Agreement, as amended, with
respect to Phase II -A of the Project, and for the Schematic Design Phase with respect to Phase II -B
of the Project.
2. Appendix "A -1" to this Amendment No. I shall be added to the original Appendix
A -Scope of Services, and Architect shall complete the work items described generally in Appendix
"A -1" to this Amendment No. 1 in accordance with the terms of the Agreement, and all prior
amendments thereto (if any), for the performance of professional services with respect to Phase II -A
of the Project.
3. With respect to Architect's services provided under this Amendment No. 1, Appendix
"B -1" to this Amendment No. 1 shall apply to compensation payable to Architect, and to key
personnel and consultants employed or retained by Architect, in connection with Architect's services
for the work authorized by this Amendment No. 1. The aggregate compensation payable to
Architect for performance of the additional services and reimbursable expenses shall not exceed the
maximum amount of $18,100.00.
4. The Agreement is amended by the addition of a new paragraph 2.6 thereto, to read
as follows:
2.6 Requirements Where Federal Assistance Provided
With respect to Architect's services and performance under Amendment No. 1 to this
Agreement, and with respect to any other work performed by Architect on a phase of the
Project receiving Federal financial assistance, the following provisions shall apply and shall
control over any other provision of this Agreement in conflict therewith:
(a) (49 CFR §18.36(i) and other requirements) In addition to all other
requirements of this Agreement, Architect shall:
(1) Design the project in accordance with the intent of the Grant Award.
As used herein "Grant Award" shall mean the Financial Assistance provided by the
State of Colorado, by and on behalf of the Department of Transportation (CDOT),
to Owner pursuant to Contract Amendment Two of STE M086 -005 (10396),
D &RGW Freight Depot, Pueblo /R2 (LEW) and dated January 21, 1999;
(2) Redesign the project in the event the preliminary cost estimate, the
final cost estimate, or the lowest responsive bid less deductive alternates, exceeds the
funds available by an amount or percentage to be mutually agreeable to the Owner
and the Architect;
(3) Include in all contracts and subcontracts of amounts in excess of
$100,000 a provision which requires compliance with all applicable standards,
orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
§ 1857(h)) and the Federal Water Pollution Act (33 USC 1251 et. seq., as amended).
Violations shall be reported to the funding federal department and to the regional
office of the U.S. Environmental Protection Agency;
(4) Include in all contracts and subcontracts in excess of the small
purchase threshold of $100,000 provisions or conditions which will allow for
administrative, contractual or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate;
(5) Include in all contracts in excess of $10,000 suitable provisions for
termination by the Owner including the manner in which it will be effected and the
basis for settlement. In addition, such contracts shall describe conditions under
which the contract may be terminated for default as well as conditions where the
contract may be terminated because of circumstances beyond the control of the
contractor;
(6) Include in all contracts in excess of $10,000 a provision requiring
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compliance with Executive Order 11246, entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CFR Part 60);
(7) Include in all contracts in excess of $2,000 for construction or repair
a provision for compliance with the Copeland "Anti- Kickback" Act (18 USC 874)
as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act
provides that each contractor or subrecipient shall be prohibited from inducing, by
any means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he is otherwise entitled;
(8) Include in all construction contracts in excess of $2,000 a provision
for compliance with the Davis -Bacon Act (40 USC 276a to a -7) as supplemented by
Department of Labor regulations (29 CFR part 5). Under this Act contractors shall
be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less often than once a
week. A copy of the current prevailing wage determination issued by the Department
of Labor must be included in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. Davis -Bacon wage
determinations are not applicable to "Force Account' workers;
(9) Include in all contracts in excess of $2,000 for construction contracts
and in excess of $2,500 for other contracts which involve the employment of
mechanics or laborers, a provision for compliance with Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 USC 327 -330) as supplemented
by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act,
each contractor shall be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate
not less than 1 -1/2 times the basis rate of pay for all hours worked in excess of 40
hours in the work week. Section 107 of the Act is applicable to construction work
and provides that no laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous, or dangerous to his
health and safety. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence;
(10) Include a notice in all contracts involving research, developmental,
experimental or demonstration work requiring that all patentable processes,
discoveries or inventions which arise or are developed in the course of, or under,
such contract shall be reported to CDOT and HUD. The notice will state that the
Government has an interest in any such patentable processes, discoveries or
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inventions corresponding to the percentage of total project cost funded by CDOT and
HUD;
(11) Include in all negotiated contracts (except those awarded by small
purchase procedures) a provision to the effect that the Owner, CDOT, HUD, the
Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of
the contractor which are directly pertinent to that specific contract, for the purpose
of making audit, examination, excerpts, and transcriptions;
(12) Include in all contracts a requirement that the contractor maintain all
relevant project records for three years after the Recipient has made final payment
to the contractor and all other pending matters are closed;
(13) Provide surveillance of project construction to assure compliance with
plans, specifications, and all other contract documents. If the Owner chooses to use
the Architect as the project inspector, the requirements for construction inspection
services shall be clearly defined and a limit placed on the amount the Owner is
required to pay for such services;
(14) Design project work, and include provisions in construction contracts,
in order to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub.L. 94 -163);
(15) Include the standardized contract clauses required by 23 USC § 112(e)
in all construction contracts and bidding documents;
(16) Be responsible for any damages arising from any defects in design or
negligence in the performance of the construction inspection, if the inspection is
furnished by the Architect;
(17) Supervise any required subsurface explorations such as borings, soil
tests, and the like, to determine amounts of rock excavation or foundation conditions,
no matter whether they are performed by the Architect or by others paid by the
Recipient;
(18) Attend bid openings, prepare and submit tabulation of bids, and make
a recommendation as to contract award;
(19) Review proof of bidder's qualifications and recommend approval or
disapproval;
(20) Prepare (draft) and submit to Owner proposed contract change orders
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when applicable. There shall be no charge to the Owner when the change order is
required to correct errors or omissions by the Architect;
(21) Submit a report not less frequently than quarterly to the Owner
covering the general progress of the job and describing any problems or factors
contributing to delay;
(22) Review and approve the contractor's schedule of amounts for contract
payment;
(23) Certify partial payments to contractors;
(24) Assure that a ten percent (10 %) retainage is withheld from all
payments on construction contracts until final acceptance by the Owner;
(25) Prepare "as- built" or record drawings after completion of the project.
Reproducible originals will be furnished to the Owner within 60 days after all
construction has been completed and the final inspection has been performed;
(26) Review and approve Contractor's submission of samples and shop
drawings, where applicable;
(27) Comply with all Federal statutes relating to non - discrimination.
These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which
prohibits discrimination on the basis of race, color, or national origin;
b. Title IX of the Education Amendments of 1972, as amended
(20 U.S.C. 1681 -1683, and 1685 -1686) which prohibits discrimination on the
basis of sex;
C. Section 504 of the Rehabilitation Act of 1973, as amended (28
U.S.C. 794) which prohibits discrimination on the basis of handicaps;
d. the Age Discrimination Act of 1975, as amended (42 U.S.C.
6101 -6107) which prohibits discrimination because of age;
e. the Drug Abuse Office and Treatment Act of 1972 (P.L.. 93-
255), as amended, relating to non - discrimination on the basis of drug abuse;
f. the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
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amended, relating to non- discrimination on the basis of alcohol abuse or
alcoholism;
g. 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd -3 and 290- ee -3), as amended, relating to confidentiality of
alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et.
seq.), as amended, relating to non - discrimination in the sale, rental or
financing of housing;
i. any other non- discrimination provisions in the specific
statute(s) under which the application for Federal assistance is being made;
and
j. the requirements on any other non - discrimination statute(s)
which may apply.
(28) Incorporate into the proposed construction contract documents a
designation of all of the different types of construction which will be used for the
project; such as Building, Heavy or Highway in accordance with all local and State
laws and practices. For this purpose either the plans, the specifications or both shall
clearly delineate where each type stops and another starts;
(29) Provide in all proposed construction contracts deductive alternates
which can be taken, if necessary, to reduce the bid price, so that the lowest
responsive base bid for construction of the project will not exceed the funds
available;
(3 0) Design the facility to comply with the Americans with Disabilities Act
(ADA) (P.L. 101 -336) and the Accessibility Guidelines for Buildings and Facilities,
as amended, (36 CFR Part 191 and Executive Order 12699;
(31) Design for seismic safety in accordance with Executive Order 12699
which imposes requirements that federally assisted facilities be designed and
constructed in accordance with the 1991 ICBO Uniform Building Code or 1992
Supplement to the BOCA National Building Code and /or 1991 Amendments to the
SBCC Standard Building Code; provided, however, that when the City of Pueblo has
adopted a later version of any such Code, the requirements of the adopted version
shall be used;
(32) Provide sufficient plans, specifications, bid sheets, cost estimates,
design analysis, and other contract documents required for the project. The number
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of copies to be furnished by the Architect as part of his /her compensation for basic
services shall be specified; and
(33) Use forms for instructions to bidders, general conditions, contract,
bids bond, performance bond, and payment bond which meet CDOT requirements
and HUD requirements for use of CDBG funds.
(b) Architect shall coordinate the advertisement for bids, and bid procedures for
Phase II -A of the Project with Owner's Director of Purchasing. In preparing Contract
Documents for bidding, Architect shall consult with the Director of Public Works of Owner.
(c) Paragraph 2.3(e) of the Agreement shall continue to apply to Architect's work,
provided, however, that with respect to Phase II -A of the project, Owner's standard forms of
agreement, warranty, payment and performance bonds, general conditions and selected
specifications shall be modified by special conditions, drafted by Architect, to the extent
necessary in order that the same do not conflict with requirements applicable to the
construction documents by virtue of the financial assistance provided by CDOT and HUD.
5. The Agreement is amended by the addition of a new paragraph 2.7 thereto, to read
as follows:
2.7 Coordination and Historical Considerations
The Schematic Design work to be performed by Architect includes the Phase II -A
work identified in Appendix A -1 as well as the elevator, window restoration and brick wall
repair /stabilization identified in Appendix A -1 as Phase II -B work. Amendment No. 1,
however, only provides for Architect to provide the Design Development Phases,
Construction Documents and Bidding Phase and Construction Phase Services with respect
to the Phase II -A project work.
In the event Owner obtains additional funding for Phase II -B project work, the parties
recognize that this Agreement may be further amended in order that Phase II -B work may
be designed and constructed.
In order to comply with historical requirements and to most efficiently plan for and
execute future Phase II -B work, in undertaking the Design Development and Construction
Documents and Bidding Phase work for Phase II -A, Architect shall:
(a) Consider in Architect's design of all renovation work under
Amendment No. 1 the contemplated future work to be done to the structure;
(b) To the greatest extent possible, design the Phase II -A work so as to
minimize the cost, damages and disruptions attributable to the forseeable future
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restoration projects, including without limitation, the elevator, windows, restoration
and brick wall repair /stabilization work identified for Phase lI -B;
(c) Prepare bid documents which may be readily revised to include the
Phase II -B work as an additive alternate.
(d) Perform the activities and produce the submittals required by, and in
accordance with, the Secretary of the Interior's "Standards for Archeology and
Historic Preservation" and, as applicable, the Secretary's "Standards for
Rehabilitation and Guidelines for Rehabilitation of Historic Buildings." Any and all
survey activities and submittals by Architect shall be in accordance with the
Colorado Cultural Resource Survey Manual, Volumes I and II, June 1998.
6. The Agreement is amended by the following changes with respect to the work to be
performed under this Amendment 1:
(a) The number of copies to be provided under paragraphs 2.2(f) and 2.3(f) shall
be 25.
(b) The Schedule of Work for the work to be accomplished under this
Amendment No. 1 shall be as set forth in Appendix D -1 attached hereto.
(c) With respect to the additional work to be performed under this Amendment
No. 1, paragraph 5.1 shall provide that the maximum compensation shall not exceed $18,100.00 to
be computed in accordance with the Agreement and Appendix B -1.
7. Except as expressly modified by this Amendment No. 1, the Agreement shall remain
in full force and effect. Any obligations remaining to be performed under the original Agreement
(and any prior amendments) by either party, relating to the professional services to be performed by
Architect generally or with respect to other phases of the project are not waived or excused in any
manner, but shall be fully performed in accordance with the terms and conditions of the Agreement
as it existed prior to this Amendment No. 1.
IN WITNESS WHEREOF, Owner and Architect have executed this Amendment No. I To
Agreement For Professional Architectural Services as of the date first above written.
CITY PUEBLO
_
President of the City Council By
ARCHITECT
Attest :g L�r���
City C. A k
HURTIG, GARDNER, FROELICH,
[SEAL]
Title:
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
Director of F nance
APPROVED AS TO FORM:
City Attor 6
F \FILES\ CITY \PLANNING\FREIGH'I"ENDI.WPD -/
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ARCHITECTS INC. APPENDIX Al - SCOPE OF SERVICES
John C. Hurtig PHASE IIA - D &RGW FREIGHT STATION PROJECT
James H. Gardner
Norman E. Froelich
John M. Barnosky
The interior changes necessary to accommodate a "move -in" are:
Minor demolition within the passage space to the existing boiler room (removal of wood stairs and
mechanical equipment).
2. Construction of a new stairway down to the boiler room. This will be accomplished by incorporating
a metal ships ladder.
3. Construction of ADA compliant toilet rooms. The existing concrete floor shall be sawn and sanitary
sewer lines installed. Hot and cold water lines shall be run overhead. Exhaust fans shall exit through
the roof. Any roof penetrations shall be accomplished by the roofer that has just recently issued the
roofing guarantee.
4. The two -story portion of the structure shall be restored /renovated to accommodate an open office
space on the first floor. The second story shall house the library.
The difference in floor levels (two- story /main building) shall be connected with a ramp.
6. Schematic Design shall also be accomplished for Phase IIB of this project. Phase IIB shall include
installation of an elevator at the two -story portion of the building. Also, included in Phase IIB, the
existing windows shall be restored or replicated.
Phase III of this project (improvements to the remaining square footage of the building ± 18,000 sf)
shall be accomplished as future funding becomes available.
429 West 10th Street Pueblo, Colorado 81003 Telephone (719) 543 -7600 Fax (719) 545 -2910
IUIUIU
ARCHITECTS INC. APPENDIX B1 - FEE SCHEDULE
John C. Hurtig PHASE IIA - D &RGW FREIGHT STATION PROJECT
James H. Gardner
Norman E. Froelich
John M. Barnosky
For Phase 1 - Architectural /Engineer fees will be based on a not -to- exceed amount of $
This fee includes:
Architectural Fee - HGF Architects, Inc.
Structural Engineer Fee - Kilstofte Engineering
Historical Consultant Fee - Gary L. Trujillo
Mechanical Engineer Fee - A/E Associates
Electrical Fee - Kohnert Engineering
The project fee will be billed as follows:
Schematic Design Phase
20%
Design Development Phase
20%
Construction Document Phase
35%
Bidding & Negotiation Phase
5%
Construction Observation
20%
Reimbursable Expenses:
For Construction Documents in excess of 25 sets provided by this contract:
Plans: 1.10 /sheet
Specs: .07 /page
For additional work beyond the Scope of Project the following hourly rates shall apply:
Principal Architect
$95 /hour
Project Architect
$75 /hour
Interior Designer
$50 /hour
Draftsperson
$45 /hour
Clerical
$25 /hour
Engineers /Consultants
1 to I basis
429 West 10th Street Pueblo, Colorado 81003 Telephone (719) 543 -7600 Fax (719) 545 -2910
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AUCIATECTS INC.
APPENDIX C1 - IDENTIFICATION OF PERSONNEL,
John C. Hurtig
SUBCONTRACTORS, & TASK RESPONSIBILITY
James H. Gardner
PHASE IIA - D &RGW FREIGHT STATION PROJECT
Norman E. Froelich
John M. Barnosky
HGF ARCHITECTS, INC.
Principal Architect - James H. Gardner
Project Architect - Robert J. Hart, Jr.
Intern Architects /Draftspersons - Michelle Gill & Amy Hurtig -Smith
STRUCTURAL ENGINEER Loren Kilstofte, Kilstofte Engineering
HISTORICAL CONSULTANT Gary L. Trujillo
MECHANICAL ENGINEER Rod McCoy, A/E Associates
ELECTRICAL ENGINEER Mike Kohnert, Kohnert Engineering
429 West 10th Street Pueblo, Colorado 81003 Telephone (719) 543 -7600 - Fax (719) 545 -2910
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AUC11ITECTS INC. APPENDIX DI - SCHEDULE OF WORK
John C. Hurtig PHASE IIA - D &RGW FREIGHT STATION PROJECT
James H. Gardner
Norman E. Froelich
John M. Barnosky
OVERALL PROJECT SCHEDULE
Schematic Design Phase
3 Weeks
February 26, 1999
Design Development Phase
3 Weeks
March 19, 1999
Construction Document Phase
6 Weeks
April 30, 1999
Bidding
3 Weeks
May 21, 1999
Construction
15 Weeks
September 3, 1999
429 West 10th Street Pueblo, Colorado 81003 Telephone (719) 543 -7600 Fax (719) 545 -2910