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HomeMy WebLinkAbout09382RESOLUTION NO. 9382 A RESOLUTION APPROVING AN AMENDMENT NO. 1 TO AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND HGF ARCHITECTS, INC., IN CONNECTION WITH THE EL PUEBLO PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, The City of Pueblo and HGF Architects, Inc have entered into an Agreement for Professional Architectural Services dated January 26, 1998 in connection with the El Pueblo Project; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 This Amendment No. 1 to Agreement for Professional Architectural Services is made and entered into this I e day of September, 2001, 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 $25,000 for said professional services shall be paid out of the El Pueblo Grant Fund. SECTION 4 This resolution shall become effective upon final passage. INTRODUCED: September 10, 2001 APPROVED ATTESTED BY: ���\ Y CLERK CITY COUNCIL /i t)a * �� mm 1 n� _... ........_�_. Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: SEPTEMBER 10, 2001 DEPARTMENT: PLANNING & DEVELOPMENT/ JIM MUNCH, DIRECTOR TITLE A RESOLUTION APPROVING AN AMENDMENT NO. 1 TO AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND HGF ARCHITECTS, INC., IN CONNECTION WITH THE EL PUEBLO PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE. Should the City Council approve the Amendment No. 1 to Agreement for Professional Architectural Services between the City of Pueblo and HGF Architects Inc., in connection with the El Pueblo Project? RECOMMENDATION Approval of the Resolution BACKGROUND HGF Architects Inc. was hired in 1998 to perform architectural services for the El Pueblo Project. The services included the schematic site plan/master plan, construction document for the archaeological pavilion (tensile structure) and plans for the right of way street improvements adjacent to El Pueblo. As part of HGF`s contribution to the project the construction documents and administration for the adobe evocation were donated by John Barnosky of the firm. Due to the lack of funding for the archaeological pavilion tensile structure estimated at $1 million, a re- design is necessary to complete the pavilion component of the project for under $500,000. The tensile fabric roof design will be replaced with a structural steel truss system. The glass walls for external viewing and original items specified for the pavilion will remain as part of the project. The cost of the professional architectural services is in the amount of $25,000 and will included construction document, bidding, and construction administration. FINANCIAL IMPACT Funds in the not to exceed the amount of $25,000 shall be paid from the El Pueblo Grant Fund. These funds are from a 1996 State Historic Fund grant and 1996 ISTEA, CDOT funds. AMENDMENT NO. 1 AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES THIS AMENDMENT No. 1 to Agreement for Professional Architectural Services is made and entered into this 10th day of September, 2001 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Owner ") and HGF Architects, Inc., also known as 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 January 26, 1998, wherein Architect agreed to render certain professional architectural and related services for Owner in connection with the El Pueblo Project (hereinafter referred to as the "Project "); and WHEREAS, the parties agree that this Amendment No. 1 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 the Revised Design of the Archeology Pavilion component of the Project, hereinafter referred to as the "Pavilion," 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 Design Development Phase, Construction Documents and Bidding Phase and Construction Phase, as contemplated within Sections 1 and 2 of the Agreement, as amended, with respect to the Pavilion. 2. Appendix "A -1" to this Amendment No. 1 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, for the performance of professional services with respect to the Pavilion. 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 $25,000.00. 4. The Agreement is amended by the addition of a new paragraph 2.6 thereto, to read as follows: 2.6 Requirements Where Federal and Colorado Historical Society 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 Transportation Enhancement Contract STE M086 030, 12948, El Pueblo Project, R2 (REO) dated December 9, 1999 and pursuant to Contract STE M086 -020 (11122), El Pueblo Archeological Site Investigation dated July 23, 1996; financial assistance provided to Owner by the State of Colorado for the use and benefit of the Development of Local Affairs, Energy Impact Assistance Fund #3744 dated April 14, 2000; and funds provided by the State of Colorado for the use and benefit of the Department of Higher Education, Colorado Historical Society to the Friends of El Pueblo Museum pursuant to Contract Amendment No. 96- 01 -075A (Third Amendment) dated December 20, 1999. Architect shall also 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. (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 -2- 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 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 -3- 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 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; ME (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 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 -5- 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 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; (30) Design the facility to comply with the Americans with Disabilities Act (ADA) (P.L. 101 -336) and the Accessibility Guidelines for Buildings and Facilities, W 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 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. (b) Architect shall coordinate the advertisement for bids, and bid procedures for the Pavilion 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 the Pavilion, 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. 5. The Agreement is amended by the following changes with respect to the work to be performed under this Amendment 1: (a) 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. (b) 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 $25,000.00 to be computed in accordance with the Agreement and Appendix B -1, 6. 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 all prior amendments, if any) 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 -7- 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. 1 To Agreement For Professional Architectural Services as of the date first above written. CITY OF P V8LO Attest I City k ARCHITECT [SEAL] Title: BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILA LE. Director of Finance APPROVED AS TO FORM: Cit� Atto F:\ CITY \PI.ANNING\ELPUEBLO \AMENDI.WPD -8- APPENDIX Al - "SCOPE OF SERVICES" EL PUEBLO PROJECT August 21, 2001 ORIGINAL CONTRACT BASE FEE FOR CONSTRUCTION DOCUMENTS 33,000.00 Revise CD Phase - Pavilion Roof Structure and Walls for review and approval by Owner. - ADD ............................. 14,000.00 Contract Administration during construction Not -to- Exceed ................ 11,000.00 INCREASED COST TO CONTRACT 25,000.00 Site property survey, geotechnical report and recommendations, archeology in -situ features locations, and existing R.O.W. improvements will be provided to HGF, Inc. from city sources and are not included under the Scope of Services in this proposal. Scope of Services includes development of CD Phase of Opinions of Probable Project Construction Cost and overall budget. APPENDIX B1- `FEE SCHEDULE" EL PUEBLO PROJECT August 21, 2001 Fee includes all consultant fees as follows: Architectural------------ - - - - -- Structural--------------------- Electrical---------------------- Mechanical-------------------- Archeology Consultant - - - -- The project fee will be billed as follows: HGF Architects, Inc. Kilstofte Engineering Kohnert Engineering Systems Engineering Bill Buckles Construction Document Phase $ 14,000.00 Bidding and Negotiation Phase $ 1,000.00 Construction Observation $ 10,000.00 Reimbursable Expenses: (For Construction Documents in excess of 25 sets required 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 Project Architect Interior Designer Draftsperson Clerical Engineers /Consultants $95/hour $75/hour $60/hour $50/hour $20 /hour 1 to 1 basis APPENDIX C1 - "IDENTIFICATION OF PERSONNEL, SUBCONTRACTORS & TASK RESPONSIBILITY" EL PUEBLO PROJECT August 21, 2001 HGF ARCHITECTS, INC. Principal Architect and Designated Representative - John Barnosky Intern Architect/Draftperson - Ed Kocman STRUCTURAL ENGINEER Loren Kilstofte MECHANICAL CONSULTANT AE Associates ELECTRICAL CONSULTANT Kohnert Engineers ARCHEOLOGY CONSULTANT Bill Buckles APPENDIX D1- "SCHEDULE OF WORK" EL PUEBLO PROJECT August 21, 2001 Construction Document Phase - Revise structure and wall *4 Weeks Oct. 4, 2001 4 Weeks Nov. 5, 2001 Bidding 4 Months Aril 1 2001 Awar on r c ion *Completion dates dependent upon Owner review.