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HomeMy WebLinkAbout10450RESOLUTION NO. 10450 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN THE FIRM OF ARCHITECTURE 2000, INC., P.C., AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO PUEBLO MOUNTAIN PARK PRESERVATION / RESTORATION PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo received a grant from the Colorado Historical Society to fund the Pueblo Mountain Park Preservation/ Restoration Project - Phase I, II, and III; and WHEREAS, the firm of Architectural 2000, P.C. performed professional services for Phase I, II and III for this project; and WHEREAS, Amendment No. 2 will approve Architectural 2000, P.C. to perform additional architectural services, as outlined in the amendment; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Amendment No. 2 to the original Agreement for Professional Architectural Services, dated February 23, 1998, and Amendment No. 1, dated September 25, 2000, between the City of Pueblo, a Municipal Corporation, and Architecture 2000, P.C., a copy of which 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 Amendment No. 2 in the name of and 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 for this project will be provided from Project Account No. PL0403. INTRODUCED July 25, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK KUM kAn =-M OL 6" Background Paper for Proposed RESOLUTION l&O . # I oc5 AGENDA ITEM # 5 DATE: July 25, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT / JIM MUNCH PLANNING DEPARTMENT / JIM MUNCH TITLE A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN THE FIRM OF ARCHITECTURE 2000, INC., P.C., AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO PUEBLO MOUNTAIN PARK PRESERVATION / RESTORATION PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME Should i the City Council approve Amendment No. 2 to the Agreement for Professional Architectural Services between the architectural firm of Architecture 2000, P.C. and the City of Pueblo for the Pueblo Mountain Park Preservation/Restoration Project? RECOMMENDATION Approval of this Resolution. BACKGROUND The City received a three- year /three phase grant in the amount of $300,000 ($100,000 a year) from the Colorado Historical Society for restoration work in the Pueblo Mountain Park. This is the third and final phase of the Pueblo Mountain Park Restoration / Preservation Project. All three phases are identified in the Pueblo Mountain Park Preservation and Restoration Master Plan On February 23, 1998, the City approved an agreement authorizing the firm of Architectural 2000 P.C. to provide architectural services for Phase 1 - Pueblo Mountain Park Preservation/Restoration Project. On September 25, 2000, the City approved Amendment No. I to the Agreement to perform services relating to Phases II and III. Amendment No. 2 is necessary to allow the architect to provide additional design work, bid documents and construction management on Phase III. FINANCIAL IMPACT Additional funds authorized by Amendment No. 2 shall not to exceed $11,000. Funds for this project will be provided from Project Account No. PL0403. AMENDMENT NO. 2 AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES THIS AMENDMENT NO.2 to Agreement for Professional Architectural Services is made and entered into this 25th day of July, 2005 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Owner ") and Architecture 2000, P.C., a professional architect firm (hereinafter referred to as "Architect "). WHEREAS, Owner and Architect have heretofore entered into an Agreement (hereinafter "the Agreement ") dated February 23, 1998, wherein Architect agreed to render certain professional architectural and related services for Owner in connection with the Pueblo Mountain Park Preservation/Restoration Project (hereinafter referred to as the "Project "); and WHEREAS, the parties have heretofore entered into an Amendment No. 1 to the Agreement dated September 25, 2000 for Architect to perform services relating to Phases II and III of the Project; and WHEREAS, the parties agree that this Amendment No. 2 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 now remaining with respect to Phase III of the Project (that is, all services selected by mark in Subsection 1.1 of the Agreement which remain with respect to Phase III of the Project) and to modify the contract to include required 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 Phase III of the Project. 2. Appendix "A -2" to this Amendment No. 2 shall be added to the original scope of work, and Architect shall complete the work items described generally in Appendix "A -2" to this Amendment No. 2 in accordance with the terms of the Agreement, and all prior amendments thereto for the performance of professional services with respect to the Project. 3. With respect to Architect's services provided under this Amendment No. 2, Appendix "B -2" to this Amendment No. 2 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. 2. The aggregate compensation payable to Architect for performance ofthe additi onal services and reimbursable expenses authori zed by this Amendment No. 2 shall not exceed the maximum amount of $11,000.00. 4. The Agreement is amended by the addition of a revised paragraph (a) of subsection 2.3, and a new subsection 2.6 and a new section 10 thereto, to read as follows: 2.3 (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirement therefor. Such plans and Specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. Final design, including Drawings and Specifications, shall also comply with ADA Accessability Guidelines (ADAAG) Manual developed by the U. S. Architectural and Transportation Barriers Board (1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36, Appendix A, whichever is applicable. [remainder of subsection 2.3 is unchanged] 2.6 Phase III Coordination and Historical Considerations In order to comply with historical requirements, in undertaking the additional services contemplated under this Amendment No. 2, Architect shall: (a) Consider in Architect's design of all improvements under Amendment No. 2 any contemplated future work to be done at the Project site; (b) To the greatest extent possible, design the improvements so as to minimize the cost, damages and disruptions attributable to any foreseeable future restoration projects; (c) 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. SECTION 10. ACCESSIBILITY The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Architect therefore, will use his or her best reasonable professional -2- efforts to implement applicable ADA requirements and other federal, state and local laws, rules codes, ordinances and regulations as they apply to the Project. 5. The Agreement is amended by the following changes with respect to the work to be performed under this Amendment 2: (a) With respect to the additional work to be performed under this Amendment No. 2, paragraph 5.1 of the Agreement shall provide that the maximum compensation shall not exceed $86, 400.00 to be computed in accordance with the Agreement, Amendment No.1 and Appendix B -2. 6. Except as expressly modified by this Amendment No. 2, the Agreement, including all prior written amendments thereto, shall remain in full force and effect. Any obligations remaining to be performed under the original Agreement (and all 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. 2. IN WITNESS WHEREOF, Owner and Architect have executed this Amendment No. 3 To Agreement For Professional Architectural Services as of the date first above written. CITY OF PUEBLO r B y / esident 6f the ity Counc' Attest: City C1 ARCHITECT Architecture 2000, P.C. By Title: [SEAL] li Title: BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAIL BLE. 'ym' ;� Director of Finance APPROVED AS TO FORM: City Attorn -3- APPENDIX A -2 Scope of Work The scope of work includes additional design work and preparation of construction drawings and specifications for Phase III of the Pueblo Mountain Park Preservation/Restoration project. The scope of work also includes construction administration for Phase III, to include review of submittals, response to questions from General Contractor, and a maximum of four visits to the site during construction, including a pre -bid walk - through with prospective bidders; two visits during construction; and one final punchlist. APPENDIX B -2 Compensation payable to the Architect The Architecture will be compensated a fixed fee of $11,000.00, including professional time and direct expenses for Architecture 2000 and their subconsultants. Fees shall be payable on a monthly basis, upon receipt of an acceptable invoice from the Architect. Fees shall be payable monthly on the basis of percentage of completion of the work.