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HomeMy WebLinkAbout025367 - Construction-Related - Contract - Komatsu Architects, Inc.AMENOMENT NO. 2 TO AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES RENOVATIONS TO JAMES GUINN SCHOOL STATE OF TEXAS COUNTY OF TARRANT CITY SECRETARY CONTRACT NO.; �5 J"� W� ( WHEREAS, The City of Fort Worth and Komatsu Architects, Inc. (Architect) made and entered into City Secretary Contract No. 23886 (The Contract) which was authorized by the City Council by M&C C-16736, the 21 st day of April, 1998; and WHEREAS, Amendment No. 1 was incorporated ea�lier to provide for preliminary design of the Medical Incubator area, and WHEREAS, further amendment is necessary to incorporate requirements by the Economic Development Administration and to develop a concept plan for the utilization of the Elementary School Building, NOW THEREFORE, City and Architect, action herein by and through their duly authorized representatives, enter into the following agreement which amends the Contract: SECTION I SERVICES OF THE ARCHITECT, add paragraphs 1.2 and 1.3 as follows: "1.2 The items listed in paragraph 6.G in the "Requirements for approved Projects", Ninth Edition, June 1998, are attached to this amendment and made a part thereof. "1.3 The Architect will develop a concept floor plan for the Elementary School." SECTION II CHARACTER OF ARCHITECTS SERVICES Add Paragraph 2.5 as follows: "2.5 Architect agrees to abide by the following timetable: 2.5.1 2.5.2 2.5.3 Complete preliminary plans and cost estimates: Complete final plans, specifications, and cost estimates (90% review): Secure necessary State and local approvals, i.e. TDLR TAS review and TNRCC Review: 2.5.4 Complete final plans and specifications in form sufficient for soliciting bids for construction: SECTION V COMPENSATION TO ARCHITECT Add Paragraph 5.1.4 as follows: "5.1.4 Concept floor plan and elevations for Elementary School: fee not to exceed $5,000. SECTION XI RIGHT TO AUDIT, add paragraph 11.4 as follows: 7/23/99 10l11/99 11/11/99 11 /2/99„ "11.4 The City of Fort Worth, the Economic Development Administration, and the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly authorized representatives, shall have access to any documents, books, papers, and records of the architect/Engineer (which are directly pertinent of the specific grant programs) for the purpose of making an audit, examination, excerpts, and transcriptions. The Architect shall maintain all project and associated records for at least three years after the City makes final payment and pending matters are closed." All other provisions of this Contract which are noi expressly amended herein shall remain in full force and effect. i EXECUTED this th � th day f r���' , 1999, in Fort Worth, Tarrant Co , exas. BY� By: �1�� ��' ` arl omatsu, A resident Ramon Guajardo O Komatsu Architects, Inc. Assistant City Manager Recommend Appr val: Jan a , Program Manager, CMO By' -{ � �_ Director 6f?ransportation and Public Works A T: , By: ,P _Q/Ll-Ir`� Ci4y Secretary ! ��-�G�� i�--�U1�1:�� Contract Authorization Date APPROVED AS TO FORM AND LEGALITY �' c� � By: X i GCLtt.c/' ,� • � Assistant City Attorney ✓� Page 1 of 1 � ��BC�9�� G��C��D c�.�� ��'G� �° �� �o VVII�-��9 �L�!/tio Economic Development Administ�ation Southwestern Region REQUIREMENTS FOR APPROVED PROJECTS Ninth Edition June1998 U.S. Department of Commerce William M. Daley Secretary Phillip A. Singerman Assistant Secretary for Economic Development to be p sent, it may be held at another location including in the Regional Office. Recipient Authorized Representative, Architect/Engineer, attorney and possibly Recipient's inancial representative should be in attendance. Reasonable costs transportation, eals and lodging for these individuals are an authorized cost unde administrative lin item in the project budget. Per diem costs eligible,for EDA reimbur� may not exceed the urrent Federal per diem rate. / 5. Selection of the Architec�tlEn�ineer A. If an ArchitectlEngineer as been selected by the Recipient prior to grant award and the contra t between the Recipient and the Archi been previously submitted to DA, it should be submitted as soon as possible. If the selection ha not been made at the time of g should be sent to the EDA Region Office as soon as possible er parties. T'he r ment ED approval of the e ngineer has not er the grant award it award the contract its execution by both B. For EDA to participate in the cost for Arc ,'tect/Enginee services the Architect/Engineer must be selected competitively by sealed 'ds (fo 1 advertising) or by competitive proposals. If the selection is made by compet' ive roposal the following requirements apply: (1) Requests for proposals will be publ' ized and 'dentify all evaluation factors and their rel�ative importance. Any res onse to public ed requests for proposals shall be honored to the maximum e ent practical. (2) Proposals will be solicite om an adequate number of q lified sources (normally sufficient to secure at ast three proposals from qualified oposers). (3) The Recipient w have a method for conducting technical eval ons of proposals received and r selecting the best proposal, price and other facto considered. (4) The R ipient will determine the responsible firm whose propos is most adv geous to the program, with price and other factors considered. Co etitor's q ifications will be evaluated and the most qualified competitor will be se cted, ubject to negotiation of fair and reasonable compensation. �'. The Architect/En¢ineer Contract for Services A. The ArchitecVEngineer agreement shall provide for all services required by the recipient for the planning, design and construction phase of the proposed project. Appropriate standazds or guides developed by such professional organizations as the American Consulting Engineers Council (ACEC), American Society of Civil Engineers (ASCE), National Society of Professional Engineers (NSPE), and/or the American Institute of Architects (AIA) may be used where the Recipient does not have standard procurement documents. Section I Page 3 B. The Architect/Engineer's fee for basic services must be either a fixed price or a cost reimbur•sement with an agreed maximum to be eligible for EDA participation. The amount of EDA participation will be based on a determination, subject to audit, that the compensation is reasonable. � . C. The use of the cost-plus-a-percentage of cost and percentage of construction cost forms of compensation are specifically prohibited. D. The ArchitectJEngineer's fee shall cover ali services necessary for the successful execution of the project, including consultations, surveys, soil investigations, supervision, travel, "as-built" or record drawings, arrow diagram (CPM/PERT) where applicable, and incidental costs. The basic fee shall not exceed that prevailing for comparable services in the project area. If the total fee is in excess of the prevailing rate because of special services to be performed, these services shall be identified in the agreement. Such additional charges may be approved for grant participation by the EDA Regional Office if they: (1) Do not duplicate a charge for services provided for in the basic fee and are within the normal scope of the Architect/Engineer's responsibilities; (2) Are a proper charge against the project cost; and (3) Are reasonable for the extra services to be rendered. E. Regardless of who furnishes the construction inspector, the Architect/Engineer shall be � held responsible for making sufficient visits to the project site to determine, in general, if the work is proceeding in accordance with the construction contract. F. All negotiated Architect/Engineer contracts (except those of $10,000 or less awarded under small purchase procedwes) awarded by Recipients shall include a provision to the effect that the Recipient, EDA, the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly authorized representatives, shall have access to any documents, books, papers, and records of the Architect/Engineer (which are directly pertinent to a specific grant program) for the purpose of making an audit, examination, excerpts, and transcriptions. The Recipient shall require the Architect/Engineer to maintain all required records for at least three years after the Recipient makes final payment and all pending matters are closed. G. The agreement for Architect/Engineer services shall provide an adequate basis for the Recipient to require the ArchitectlEngineer to: (1) Design the project in accordance with the intent of the Grant Award; (2) Redesign the pro}ect 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 Recipient and Section I Page 4 �•�. . � � � � � � the Architect/ Engineer; (3) Design any sewage treatment or other sewage facility so that a certificate of adequacy of treatment can be obtained as required by Section 106 of the Public Works and Economic Dev�lopment Act of 1965; (4) 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 the Clean Air Act (42 U.S.C. 7401 et. seq.) and the Federal Water Pollution Conirol Act (33 U.S.0 1251 et. seq., as amended). Violations shall be reported to EDA and to the regional office of the U. S. Environmental Protection Agency; (5) 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; � (6) Include in all contracts in excess of $10,000 suitable provisions for termination by the Recipient including the manner in which it will be affected 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; �. l �J � � � � � J � � (7) 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); (8) Include in all contracts in excess of $2,000 for construction or repair a provision for compliance with the Copeland "Anti-Kickback"Act (18 U.S.C. 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. The Recipient shall report all suspected or reported violations to EDA; (9) Include in all construction contracts in excess of $2,000 a provision for compliance with the Davis-Bacon Act (40 U.S.C. 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 conditione�l �.pAn the acceptance of the wage determination. All suspected or Section I Page 5 � reported violations shall be reported to EDA. Davis-Bacon wage determinations are not applicable to "Force Account" workers; (10) 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 inechanics or laborers, a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standazds Act (40 U.S.C. 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 l-1/2 times the basic 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. Work performed by employees of the Recipient (in-house forces) on the EDA assisted project will be subject to the follow�ing: a. Work performed in excess of eigh,t hours per day will be reimbursed by EDA at the normal rate of pay unless the Recipient can show that a higher rate is required by State or local law or union contract. b. Work performed in excess of 40 hours per week may be reimbursed by EDA at a higher rate than normal if the Recipient can show that it normally pays for such work at a higher rate. In any case the rate for work in excess of 40 hours per week may not exceed one and one half times the normal hourly rate. (11) Include a notice in all contracts involving research, developmental, experimental or demonstration work requiring that all patentable processes, discoveries or inventions which arise or aze developed in the course of, or under, such contract shall be reported to EDA. 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 EDA; (12) Include in all negotiated contracts (except those awarded by small purchase procedures) ,a provision to the effect that the Recipient, EDA, 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 aze directly pertinent to that specific,contract, for the purpose of making audit, examination, excerpts, and transcriptions; (13) Include in all contracts a requirement that the contractor maintain all relevant Section I Page 6 � project records for three years after the Recipient has made final payment to the contractor and all other pending matters are closed; (14) State a specific timetable in the agreement for: a. Completing preliminary plans and associated cost estimates; b. Completing final plans, specifications, and cost estimates; c. Securing required. State and local approvals; and d. Completing proposed contract documents in a form sufficient for soliciting bids for construction of the project. If the Recipient has executed an ArchitectlEngineer agreement without such a requirement for a timetable, EDA shall require that an addendum to the agreement be executed to incorporate this requirement. (15) Provide surveillance of project construction to assure compliance with plans, specifications, and all other contract documents. If the Recipient chooses to use the ArchitecVEngineer as the project inspector, the requirements for construction inspection services shall be clearly defined and a limit placed on the amount the Recipient is required to pay for such services; (16) Be responsible for any damages arising from any defects in design or negligence in the performance of the construction inspector, if the inspector is fumished by the Architect/Engineer. EDA recommends that the Architect/Engineer be required to take insurance, when available, to cover liability for such damages; (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 ArchitectlEngineer 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 and submit proposed contract change orders when applicable. There shall be no charge to the Recipient when the change order is required to correct errors or omissions by the Architect/Engineer. To be eligible for EDA participation the specific change order must have express approval from EDA and must have some form of cost or price analysis performed by the Recipient or the Architect/Engineer; (21) Submit a report not less frequently than quarterly to the Recipient covering the Section I Page 7 �.. ., w ' � 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 �Recipient and approval by the EDA Regional Office, unless State or local law provides otherwise; (25) Prepare "as-built" or record drawings after completion of the project. Reproducible originals will be furnished to the Recipient within 60 days after all construction has been completed and the final inspection has been performed. One set of copies shall be furnished to the EDA Regional Office only if requested by the Regional Office; (26) Review and approve Contractor's submission of samples and shop drawings, where applicable; (27) Comply with all Federal statutes relating to non-discrimination. T'hese 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 (29 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 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; Section I Page 8 Y � � � v ^ � • , � � � � � � 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; , � J• Any other non-discrimination provisions in the specific statute(s) under which the application for Federal assistance is being made; and 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 sha11 clearly delineate where each type stops and another starts; � � � (29} Consider in the estabiishment of the compensation any cost savings that may be realized through multiple use of the same design; (30) Provide in all proposed construction contracts deductive altemates which can be taken, if necessaiy, to reduce the bid price (additive alternates will not be eligible for EDA participation), so that the lowest responsive base bid for construction of the project will not exceed the funds available; (31) Design the facility to comply with the Americans with Disabilities Act (ADA) (P.L. � 10 ]-336) and the Accessibility Guidelines for Buildings and Facilities, as amended, (36 CFR Part 191 and Executive Order 12699); � (32) 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 199] Amendments to the SBCC Standard.Building Code. � � (33) 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 ArchitectlEngineer as part of his/her compensation for basic services shall be specified; and � (34) Use forms for instructions to bidders, general conditions, contract, bid bond, performance bond, and payment bond which meet EDA requirements. All proposed�contract documents are subject to EDA approval. Documents contained � in " Contract Documents for Construction of Federally Assisted Water and Sewer Projects" are acceptable to EDA for this purpose. � Section I Page 9 �