HomeMy WebLinkAboutResolution - 2013-R0175 - Agreement - Chapman Harvey Architects Inc.- Civic Center ADA Requirements - 06/13/2013\
If Resolution NO. 2013-R0175
June 13, 2013 I Item NO. 5.20
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock , Professional Services Agreement for
design and professional construction to meet ADA requirements at the Lubbock
Memorial Civic Center, by and between the City of Lubbock and Chapman Harvey
Architects, Inc., and related documents. Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on _ _.J.._.u .... n ... e~1~1 ... , ...-42 ....... 0 ...... 1_.3 ______ _
ATTEST:
APPROVED AS TO CONT":
-~~
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
~~
~
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.PSA-Chapman Harvey Architects, Inc.
May 21, 2013
Resolution No. 2013-R0175
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 13th day of
-~J=un=e~----• 2013, by and between the City of Lubbock (the "City"), a Texas home
rule municipal corporation, and Chapman Harvey Architects, Inc. (the "Architect"), a Texas
corporation.
WITNESSETH
WHEREAS, Architect has substantial skill and experience in design and professional
construction oversight of the Americans with Disabilities Act, the Texas Accessibility Standards,
interior design associated with various surfaces to provide recommendations on methods to meet
ADA requirements, painting, floor replacement and restroom renovations at the Lubbock
Memorial Civic Center (the "Project").
WHEREAS, Architect has demonstrated competence and qualifications to perform the
Services, as defined below, and will perform the Services for the price provided herein, said
price stipulated by City and Architect to be a fair and reasonable price;
WHEREAS, the City desires to contract with Architect to perform services related to the
Project and Architect desires to provide the services related to same.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Architect agree as follows:
ARTICLE I
Services
1.01 Architect shall conduct all activities and within such time frames, as set forth:
a) field review and documentation of the existing conditions after demolition,
b) architectural drawings,
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c) specifications, and
d) assist with bidding and contract administration of the Project.
ARTICLE II
Compensation and Term
2.01 The consideration to be paid for the Services to be provided the City as described in
Article I shall be as provided in Exhibit "A", attached hereto not to exceed $204,292.
This amount shall be invoiced to the City monthly for work performed.
2.02 This Agreement shall expire twenty-four months from commencement. Additionally,
the City may terminate this Agreement by providing written notice to Architect at least
thirty (30) days prior to the effective date of termination as provided in such notice.
2.03 The Architect's compensation is based on immediate authorization to proceed and timely
completion of the Project. If the Project timing deviates from the assumed schedule for
causes beyond the Architect's control, the Architect may request renegotiation of those
portions of the compensation affected by the time change.
2.04 This agreement may be amended to include other services as required.
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that Architect is to perform the Services in a sound and
professional manner and exercising the degree of care, skill and diligence in the
performance of the Services as is exercised by a professional architect under similar
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4.01
circumstances and Architect hereby represents to the City that the Services shall be so
performed. Further, Architect is and shall be considered at all times an independent
contractor under this Agreement and/or in its service, hereunder. During the performance
of the Services under this Agreement, Architect and Architect's employees will not be
considered, for any purpose, employees or agents of the City within the meaning or the
application of any federal, state or local law or regulation, including without limitation,
laws, rules or regulations regarding or related to unemployment insurance, old age
benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE IV
Events of Default/Remedies
a. City's Defaults/Architect's Remedies. In the event the City shall default in the
performance of any term or provision of this Agreement for any reason other than failure
by Architect to perform hereunder, Architect may, if said default shall be continuing after
five (5) days notice of such default is deemed received by the City, exercise any right or
remedy available to it by law, contract, equity or otherwise.
b. Architect's Defaults/City's Remedies. In the event Architect shall default in the
performance of any term or provision of this Agreement for any reason other than failure
by the City to perform hereunder, the City may, if said default shall be continuing after
five (5) days notice of such default is deemed received by Architect, exercise any right or
remedy available to it by law, contract, equity or otherwise, including without limitation,
specific performance and/or the right to terminate this Agreement without additional
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notice. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently.
ARTICLEV
Insurance/Indemnity
5.01 Architect shall procure and carry, at its sole cost and expense through the life of this
Agreement, insurance protection as hereinafter specified, in form and substance
satisfactory to City, carried with an insurance company authorized to transact business in
the state of Texas, covering all aspects and risks of loss of all operations in connection
with this Agreement, including without limitation, the indemnity obligations set forth
herein.
Architect shall obtain and maintain in full force and effect during the term of this
Agreement, and shall cause each approved subcontractor or subconsultant of Architect to
obtain and maintain in full force and effect during the term of this Agreement,
commercial general liability, professional liability and automobile liability coverage for
non-owned and hired vehicles with insurance carriers admitted to do business in the state
of Texas. The insurance companies must carry a Best's Rating of A-VII or better.
Architect shall maintain professional liability to include coverage for the term of the
project and continuous coverage for a period of not less than five years after the project
completion. Except for Professional Liability, the policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Combined Single Limit: $1,000,000
Professional Liability:
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Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $500,000 Per Occurrence
Architect shall further cause any approved subcontractor to procure and carry,
during the term of this Agreement, Professional Liability coverage, as specified above for
Architect, protecting City against direct losses caused by the professional negligence of
the approved subcontractor.
The City shall be listed as an additional insured on a primary and non-contributory basis
with respect to the Automobile Liability and Commercial General Liability and shall be
granted a waiver of subrogation under all policies. Architect shall provide a Certificate
of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days
notice of cancellation. A copy of the additional insured endorsement and waiver of
subrogation attached to the policy will be included in the Certificate.
Architect shall elect to obtain workers' compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Architect shall maintain said
coverage throughout the term of this Agreement and shall comply with all provision of
Title 5 of the Texas Labor Code to ensure that the Architect maintains said coverage.
Any termination of workers' compensation insurance coverage by Architect or any
cancellation or non-renewal of workers' compensation insurance coverage for the
Architect shall be a material breach of this contract. The Architect may maintain
Occupational Accident and Disability Insurance in lieu of Worker' Compensation. In
either event, the policy must be endorsed to include a waiver of subrogation in favor of
the City of Lubbock.
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Employer's Liability with limits of at least $500,000 each accident, $500,000 by
disease policy limit, and $500,000 by disease each employee shall also be obtained and
maintained throughout the term of this Agreement.
If at any time during the life of the Agreement or any extension hereof, Architect
fails to maintain the required insurance in full force and effect, Architect shall be in
breach hereof and all work under the Agreement shall be discontinued immediately.
Architect, to the fullest extent permitted by law, shall indemnify, defend and hold
City, its officers, agents, employees and elected officials free and harmless from and
against any and all claims, losses, and/or liabilities and expenses, and including
reasonable attorney's fees as a result of, related to or arising from Architect's use or
occupation of City owned lands, and/or the performance, operations or omissions under
this Agreement to the extent of Architect's negligence of any kind or type. The indemnity
provided herein shall survive the expiration or termination of this Agreement.
The City reserves the right to exercise any right or remedy available to it by law,
contract, equity, or otherwise, including without limitation, the right to seek any and all
forms of relief in a court of competent jurisdiction. Further, the City shall not be subject
to any arbitration process prior to exercising its unrestricted right to seek judicial remedy.
The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, the former shall control.
ARTICLE VI
Miscellaneous
6.01 Architect shall comply with applicable laws, statutes, regulations, ordinances, rules and
any other legal requirement related to, in any way, manner or form, the performance of
the Services contemplated herein at the time services are performed.
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6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i)
provided in person or by telephonic facsimile; or (ii) deposited in the United States mail
by certified letter, return receipt requested, addressed to the recipient at recipient's
address shown below, subject to the right of either party to designate a different address
by notice given in the manner just described. Notice shall be deemed to be received
when delivered if provided in person or by telephonic facsimile or, if deposited in the
United States mail, as set forth above, three (3) days after depositing such notice in the
United States mail, as set forth above.
For City:
Freddy Chavez, Civic Services Director
1501 Mac Davis Lane
Lubbock, Texas79401
Phone: 806-775-2236
Facsimile: (806) 775-3240
Email: fchavez@mylubbock.us
For Architect:
Larry G. Harvey, A.I.A.
Chapman Harvey Architects, Inc.
612 Broadway
Lubbock, Texas79401
Phone: 806-749-1153
Facsimile: (806) 749-1866
Email: larryh@chapmanharvey.com
6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT
REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION
OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE
PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN
PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT
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PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY,
SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS.
6.04 This Agreement, including the exhibits and attachments hereto, represents the entire and
sole agreement between the City and Architect with respect to the subject matter hereof
and supersedes any and all prior negotiations, understandings, representations or other
agreements, whether written or oral. This Agreement may not be modified or amended
except in writing and duly executed by each party hereto.
6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal -agent relationship between Architect and the City.
6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision
shall be deemed modified to the extent necessary to render it valid and enforceable so
long as said modification is reasonably within the intent the parties as originally
expressed. In the event such provision may not be so modified, the unenforceability or
invalidity of any provision shall not affect any other provision of this Agreement, and this
Agreement shall continue in force and effect as if such provision had not been included in
this Agreement.
6.07 Any and all final documents, drawings and specifications prepared by Architect as part of
the Services hereunder, shall become the property of the City when Architect has been
compensated as set forth in Section 2.01, above. The City will assume sole liability for
any reuse or modification of the Architect's work product. The Architect may make
copies of any and all work products for its files.
6.08 A waiver by either City or Architect of a breach of this Agreement must be in writing to
be effective. In the event either party shall execute and deliver such waiver, such waiver
shall not affect the waiving party's rights with respect to any other or subsequent breach.
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6.09 Except as otherwise provided herein, neither City nor Architect may assign or
subcontract any part of the Services under this Agreement, in whole or in part, without
the written consent of such assignment by the non-assigning party. Architect may,
subject to the right of approval by the City, subcontract certain Services to highly
qualified professionals. The right of approval of the Architect's subcontractors is hereby
delegated by the City Council of City to the Civic Services Director. The approval by the
City of the subcontract requested by Architect shall not affect the liability of Architect
hereunder to City for the timely performance of the Services as prescribed in this
Agreement. The term "Architect", as used in and for all purposes of this Agreement,
includes Architect's subcontractors and subconsultants. City and Architect each bind
itself or himself, their legal representatives and permitted assigns in respect to all
provisions of this Agreement.
6.10 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Architect.
6.11 Architect represents and warrants to City that it has taken all actions necessary to
authorize the party executing this Agreement to bind, in all respects, Architect to all
terms and provisions of this Agreement, and that such person possesses authority to
execute this Agreement and bind Architect hereto.
6.12 The authority to authorize Additional Services, as defined and limited herein, and to act
as Owner representative, as contemplated herein, including but not limited to, Exhibit
"A", is hereby subject to the City Council approval.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives as of the date first written above.
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CITY OF LUBBOCK
G~MAYOR
Chad Weaver, Assistant City Attorney
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Owner:
Architect:
Project:
CONTRACT FOR ARCIDTECTURAL SERVICES
City of Lubbock, Texas
Chapman Harvey Architects, Inc.
Lubbock Memorial Civic Center Renovations
DESCRIPTION OF SCOPE OF SERVICES
EXIDBITA
This attachment contains the project description and scope of services for the Lubbock Memorial
Civic Center renovations project.
The scope of work: Provide complete architectural, mechanical and electrical design documents
(plans and specifications) for bidding and construction for the renovations to the Civic Center
that shall include: Compliance with Texas Accessibility Standards as related to restrooms, carpet
replacement (Banquet Hall, Theater,& Pedestrian Mall), painting of City designated wall and
ceiling surfaces, and all interior hand rail replacement as outlined in the March 14, 2013
Proposed Renovations Scope of Work, Exhibit B.
In addition, Chapman Harvey shall provide full construction administration (CA) services for the
project that shall include submittal and shop drawing reviews, RFI responses and regular
construction site inspections including final inspections. Contract design documents (CD's) to
include all drawings and specifications required for:
Architectural: Restroom renovations, and carpet replacement, and City designated wall &
ceiling painting, and all handrail replacement
Mechanical: Plumbing fixtures
Electrical: Lighting fixtures
Fee Arrangement: Fixed lump sum fee not to exceed $134,003.00 (one hundred, thirty-four
thousand, and three dollars) for Base Bid items and a fixed lump sum fee not to exceed
$70,289.00 (seventy thousand, two hundred, eighty-nine dollars) for additional bid components.
The statement for services will not exceed the following percentage of the total fee:
Through Design Development
Through Construction Bid Documents
Through Construction Administration
50%
80%
100%
Special Conditions: Upon construction document completion CHA will provide professional
services for all design and scope changes and/or additional services as
requested by Client. These services will be provided on an hourly basis at
the rates indicated below.
Position
Principal
Design Architect
Design Engineer
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Hourly Rate
160
140
140
Intern Architect 110
Intern Engineer 110
Drafter 90
Clerical 70
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Lubbock Memorial Civic Center
2013 Proposed Renovations Scope of Work
February 28, 2013
(Revised March 14, 2013)
EXHIBITB
The following architectural and engineering scope of work represents what is understood to be the scope of
work for Chapman Harvey Architects.
INTERIOR OVERALL
l. All existing toilet rooms and dressing rooms are to be completely rebuilt and made to be in
compliance with Texas Accessibility Standards. Rebuilt toilet and dressing rooms will include new
plumbing fixtures and controls, new ceramic floor and walls, and gypsum board ceiling interior
finishes, new light fixtures, new exhaust fan grilles, new HV AC grilles, and new toilet accessories.
2. Rebuild all existing public drink fountains, make fully accessible. Administration omitted.
3. In areas selected by the City, provide new carpet and base. All colors and patterns are to be reviewed
and approved by the City from submitted samples and finish schedules.
4. Alternate Bid In areas selected by the City, provide new quarry tile, vinyl tile, epoxy coated floor,
and/or reseal concrete finishes that match the existing materials.
5. Alternate Bid All existing exterior window gaskets are to be reset, providing an air tight seal.
Where gaskets cannot be reset, the existing gasket is to be replaced with matching gaskets.
EXHIBIT HALL
I. Alternate Bid Paint all wall surfaces adjacent to the Exhibit Hall floor and mezzanine seating areas.
The color and graphic patterns are to be selected by the City from submitted samples and finish
schedules.
2. Toilet rooms accessed from the Exhibit Hall are included in the toilet reconstruction noted in Item I of
the Interior Overall category above. These include toilet rooms located at the northeast, southeast,
northwest, and southwest comers of the Exhibit Hall.
3. Alternate Bid Replace existing stairway coverings in and around the Exhibit Hall seating areas.
BANQUET HALL
I. Replace all of the existing carpet and base with new carpet and base, pattern and colors are to be
selected by the City from submitted samples and finish schedules.
2. Repaint the existing walls to compliment the new floor carpet selected. Existing acoustic wall panels
are to be recovered with material complementing the new paint.
3. Alternate Bid Repair selected areas within the food preparation and serving areas. The City is to
assist in determining which locations are to be repaired.
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MEETING ROOMS
I. Rebuild the Men's and Women's toilet rooms north of the meeting rooms as outlined in Item I of the
Interior Overall above.
PEDESTRIAN MALL
I. Remove the existing stair tread and riser finishes. Install new tread and riser material selected by the
City from submitted samples.
2. Replace all of the existing stair handrails with new handrails compliant with the Texas Accessibility
Standards.
3. Paint all of the existing painted wall surfaces between the floor and the valance. Paint all of the
existing columns full height from floor to ceiling.
4. Repair all ceiling damage, retexture ceiling to match the existing ceiling texture, paint the affected
area to naturally occurring boundaries such as ceiling expansion joints, walls, or change in ceiling
heights.
5. Repair wall dings and minor damage throughout the Pedestrian Mall. The repair is to match the
adjacent wall material, texture, and color so the repair is not obvious.
6. Rebuild the two small toilet rooms at the north side of the mall, near the west entrance to the Banquet
Hall. Follow the outlined reconstruction of Item I in the Interior Overall category above.
7. Alternate Bid Repair the existing floor finish of the lower level near the base of the spiral stairs.
8. Alternate Bid Replace the existing quarry tile floor with an alternate flooring option selected by the
City from submitted samples and finish schedules.
THEATER
I. Replace all of the existing floor coverings throughout the Theater, the Theater Lobby, and the north
and south Theater Concourses. This is to include new stair treads, risers, and warning markers leading
to stairs. All the replacement options will be selected by the City from submitted samples and finish
schedules.
2. Replace the existing handrail systems in the Theater Concourses with new Texas Accessibility
Standard compliant handrails and toe guards. Design new protective handrails leading to the steps
along the sides of the lower level seating.
3. Alternate Bid Rebuild the existing toilet rooms and dressing rooms located back stage. Rebuilt
spaces are to be in compliance with the Texas Accessibility Standards.
4. Alternate Bid Replace the existing flooring in the cosmetic room, conductor's rooms, men's and
women's dressing rooms with a vinyl tile floor selected by the City from submitted samples and finish
schedules.
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TERRACE SUITE
I. Replace all of the existing carpet and base with City selected carpet and base.
2. Rebuild the Men's and the Women's toilet rooms off the Terrace Suite. Rebuilt rooms are to comply
with the Texas Accessibility Standards. Follow the outlined reconstruction of Item I in the Interior
Overall category above.
3. Alternate Bid _Remove the paint from the original wood paneling. Refinish the wood paneling with
a transparent, low sheen finish. Refinish the unpainted original wood paneling in the adjacent social
area to the south, match the meeting room finish.
MEZZANINE
I. Replace all of the existing carpet and base with new carpet and base selected by the City from
submitted samples and finish schedules.
2. Coordinate the reconstruction of the existing stair treads, risers, and handrails noted in Items I and2 of
the Pedestrian Mall category.
3. Paint all of the existing painted wall surfaces between the floor and the ceiling. Paint all of the
existing columns full height from floor to ceiling.
4. Repair all ceiling damage, retexture ceiling to match the existing ceiling texture, paint the affected
area to naturally occurring boundaries such as ceiling expansion joints, walls, or change in ceiling
heights.
5. Repair wall dings and minor damage throughout the Mezzanine. The repair is to match the adjacent
wall material, texture, and color so the repair is not obvious.
ADMINISTRATION
I. Rebuild the existing toilets, two staff toilet rooms and one private Director's toilet room. Rebuilt
toilets are to comply with the Texas Accessibility Standards. Follow the outlined reconstruction of
Item 1 in the Interior Overall category above.
2. Replace the existing carpet and base with new carpet and base selected by the City from submitted
samples and finish schedules.
3. Alternate Bid Replace vinyl tile in administration kitchen with new flooring selected by the City
from submitted samples and finish schedules.
END OF PROJECT SCOPE
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