Loading...
HomeMy WebLinkAboutResolution - 2011-R0152 - Contract - BGR Architects Inc.- A/E Services, Exterior Sealant Work - 04/14/2011Resolution No. 2011-80152 April 14, 2011 Item No. 5.31 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, Contract No. 10097 for A/E Services for exterior remedial sealant work, by and between the City of Lubbock and BGR 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 I ATTEST: Qna�� �-� Rebec.6 Garza, City Secretary VED AS TO CONTENT: Z,/,-/ /l/ Loomis, Director of Aviation AS TO FORM: Weaver, Assistant City Attorney vwxcdocs/RES.Contract-BGR Architects, Inc. March 4, 2011 ril 14, 2011 TOM NfARTIN, MAYOR Resolution No, 2011-80152 ""-AIA IR Document X105 TM -2007 Standard Form of Agreement Between Owner and Architect for a Residential or Smalls Commercial Project AGREEMENT made as of the Fifteenth day of February in the year Two Thousand Eleven ADDITIONS AND DELETIONS: (In words, indicate day, month and near.) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original AIA standard form. An Additions and City of Lubbock Deletions Report that notes added Lubbock Preston Smith International Airport information as well as revisions to the 5401 N. Martin Luther King Blvd. Unit 389 standard form text is available from Lubbock, Texas 79403 the author and should be reviewed. A Telephone Number: 806-775-3131 vertical line in the lest margin of this document indicates where the author has added necessary information and the Architect: and where the author has added to or (Name, legal status, address and other information) deleted from the original AIA text. This document has important legal BGR Architects, Inc. consequences. Consultation with an 2118 34th Street attorney is encouraged with respect Lubbock, Texas 79411 to its completion or modification. Telephone Number: 806-747-3881 Stale or local law may impose Fax Number: 806-747-8214 requirements on contracts for home improvements. If this document will for the following Project: be used for Work on the Owner's (Name, location and detailed description) residence, the Owner should consult local authorities or an attorney to Preston Smith International Airport Remedial Sealant verify requirements applicable to this Lubbock, Texas Agreement. The Owner and Architect agree as follows. AIA Document 13105' - 2007 (formerly B166TM -1993). Copyright Q 1993 and 2047 by The American Institute of Architects. All rights reserved. WARNING: [nit This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was produced by AIA software at 11:38:41 on 0310 4120 11 1 under Order No. 1131725871_1 which expires on 02117/2012, and is not for resale. User Notes: (1815103309) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care. The Architect shall assist the Owner in determining consulting services required for the Project. The Architect's services include the following consulting services, if any: Armko Industries, Inc. During the Design Phase, the Architect shall review the Owner's scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design. Upon the Owner's approval of the design, the Architect shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Owner provides. The Architect shall assist the Owner in filing documents required for the approval of governmental authorities, in obtaining proposals and in awarding contracts for construction. During the Construction Phase, the Architect shall act as the Owner's representative and provide administration of the Contract between the Owner and Contractor. The extent of the Architect's authority and responsibility during construction is described in AIA Document A 105T14-2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. Generally, the Architect's services during construction include interpreting the Contract Documents, reviewing the Contractor's submittals, visiting the site, reviewing and certifying payments, and rejecting nonconforming Work. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner's information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services. The Owner shall employ a Contractor, experienced in the type of Project to be constructed, to perform the construction Work and to provide price information. ARTICLE 3 USE OF DOCUMENTS Drawings, specifications and other documents prepared by the Architect are instruments of the Architect's service and are for the Owner's use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of the Project or termination of this Agreement, the Owner's right to use the instruments of service shall cease. When transmitting copyright -protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has permission from the copyright owner to transmit the information for its use on the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner's failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the place where the Project is located. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or the Architect. The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site. AIA Document 8106"' — 2007 (formerly 1211661-1993). Copyright ® 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, 2 or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This ! document was produced by AIA software at 11:38:41 on 03/0412011 under Omer No.1131725871, 1 which expires on 0 211 712 01 2, and is not for resale. User Notes: (1815103309) ARTICLE 5 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect's Compensation shall be: The Architect's fee shall be seven percent (71/o) of the Cost of the Work. The Architect's fee shall be billed monthly upon a percentage of completion. The total compensation shall be distributed in phases as follows: Design Development Phase 35% Construction Document Phase 40% Construction Procurement Phase 5% Contract Administration Phase 20% Total 100% Compensation for additional services shall be based on the time involved and the following hourly billing rate: Principal/Project Manager $135.00 Construction Administrator $135.00 Production Manager $120.00 Production Leader $110.00 Project Designer $110.00 Interior Design Intern $ 85.00 Administrative Assistant $ 85.00 CADD Operator Level I $ 85.00 CADD Operator Level Il $ 70.00 Clerical $ 65.00 Consultant Services: Actual consultant fee plus 10% (consultant fee x 1.1) The Owner shall pay the Architect an initial payment of Zero Dollars and Zero Cents ($ 0.00 ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus One and one-tenth percent ( 1.10 %). Payments are due and payable in accordance with the Prompt Payment Act, Texas Government Code §2251.001 Subchapter B. At the request of the Owner, the Architect shall provide services not included in Article I for additional compensation. Such services may include providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the scope, quality or budget; evaluating changes in the Work and Contractors' requests for substitutions of materials or systems; and services not completed within Twenty-four ( 24 ) months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions of other services and modifications to the terms of this Agreement.) 7.1 The Architect shall maintain all forms of insurance required by law in the State of Texas, which carrier shall be licensed to provide such coverage in the State of Texas not less than as required by law. The Architect shall submit proof of insurance to the Owner before submittal of the first invoice to the Owner, and when a material change in coverage, carriers, or underwriters occurs. The maintenance on full current force and effect of such coverage shall be a condition precedent to the Owner's obligation to pay under this Agreement. The insurance policies shall incorporate a provision requiring written notice to Owner at least thirty (30) days prior to any cancellation, nonrenewal, or material modification of the project. 7.2 The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337, Telephone 512-3059000, has jurisdiction over individuals licensed under the Architect's Registration Law, Texas Civil Statutes, Article 249a. Inst. AIA Document B706r" — 2007 (formerly B166'"' —1993). Copyright C 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, S or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This t document was produced by RIA software at 11:38:41 on 03104/2011 under Order No.1131725871_1 which expires on 02/17/2012, and is not for resale. User Notes: (1815103309) 7.3 The provisions of the Agreement supersede all preliminary proposals and agreements between Architect and Owner. 7.4 The provisions in Article 7.1 and any Addenda to this Contract prevail and control over other portions of the Agreement to the extent that there is any conflict between these provisions, whatever they may be. 7.5 The provisions of the Contract which have been deleted shall not be considered a part of the Contract for any purpose. This Agreement entered into as of the day and year first written above. CITY OFF LUBBOCK, TEXAS ;J (Signature) Tom Martin,Ma or (Printed name and title) ATTEST: (Signatt e) Rebecca GarzaCity Secretary (Printed name and title) PROVED AS TO CONTENT Director Aviation name and title) A=AS TO RM: (Signature) Assistant City Attorney (Printed name and title) ARCHITECT (,Signatu e Jim Melton, AIA (Printed name and title) AIA Document B706T" — 2007 (formerly B166T" —1993). Copyright ® 1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, 4 or any portion of it, may result in severe civil and criminal penaftles, and will be prosecuted to the maximum extent possible under the law. This t document was produced by AIA software at 11:38:41 on 03104/2011 under Order No. 1131725871_1 which expires on 02/17/2012, and is not for resale. User Notes: (1815103309) Additions and Deletions Report for AIAO Document B105TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:38:41 on 0310412011. PAGE AGREEMENT made as of the Fifteenth day of February in the year Two Thousand Eleven City of Lubbock Lubbock Preston Smith International Airport 5401 N. Martin Luther King Blvd. Unit 389 Lubbock, Texas 79403 Telephone Number: 806-775-3131 BGR Architects, Inc. 2118 34th Street Lubbock, Texas 79411 Telephone Number: 806-747-3881 Fax Number: 806-747-8214 Preston Smith International Airport Remedial Sealant Lubbock, Texas PAGE 2 Armko Industries, Inc. This Agreement shall be governed by the law of the place where the Project is located. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. PAGE 3 The Architect's fee shall be seven percent (7%) of the Cost of the Work. The Architect's fee shall be billed monthlv Upon a percentage of completion. The total compensation shall be distributed in phases as follows: Design Development Phase 35% Construction Document Phase 40% Construction Procurement Phase 5% Additions and Deletions Report for AIA Document B105TM — 2007 (formerly 13155T —1993). Copyright ®1993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:38:41 on 03/04/2011 under order NoA 131725871_1 which expires on 02/l 7/2012, and is not for resale. User Notes: (1815103309) Contract Administration Phase 20% Total 100% Compensation for additional services shall be based on the time involved and the following hourly billing rate: Principal/Project Manager $135.00 Construction Administrator $135.00 Production Manager $120.00 Production Leader $110.00 Proiect Designer $110.00 Interior Design Intern $ 85.00 Administrative Assistant 85.00 CADD Operator Level 1 $ 85.00 CADD Operator Level 11 70.00 Clerical $ 65.00 Consultant Services: Actual consultant fee plus 10% (consultant fee x 1.1) The Owner shall pay the Architect an initial payment of Zero Dollars and Zero Cents ($ 0A0 } as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for expenses incurred in the interest of the Project, plus One and one-tenth percent ( 1.10 %). Payments are due and payable Nett reeeipt of the A;-ehiteet's mea4hly-inveiee. Ameunta unpaid ` ` gays after the invoiee date shall beafktterest fiem the date payment is due eA the F&e ef pefeeft!( 94) , at the legal rate prevailing at the prineipal plaee efbusiness of !he .in accordance with the Prompt Payment Act Texas Government Code 42251.001 Subcha ter B. At the request ofthe Owner, the Architect shall provide services not included in Article 1 for additional compensation. Such services may include providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the scope, quality or budget; evaluating changes in the Work and Contractors' requests for substitutions of materials or systems, and services not completed within (-- Twenri-four (24) months of the date of this Agreement through no fault of the Architect. 7.1 The Architect shall maintain all forms of insurance required by law in the State of Texas, which carrier shall be licensed to provide such coverage in the State of Texas not less than as required by law. The Architect shall submit proof of insurance to the Owner before submittal of the first invoice to the Owner, and when a material change in coverage, carriers, or underwriters occurs. The maintenance on full current force and effect of such coverage shall be a condition precedent to the Owner's obligation to pay under this Agreement, The insurance policies shall incorporate a provision requiring written notice to Owner at least thirty (30) days prior to any cancellation, nonrenewal, or material modification of the project. 7.2 The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 Telephone 512-305-9000, has jurisdiction over individuals licensed under the Architect's Registration Law, Texas Civil Statutes, Article 249a. 7.3 The provisions of the Agreement supersede all preliminary proposals and agreements between Architect and Owner. 7.4 The provisions in Article 7.1 and any Addenda to this Contract prevail and control over other portions of the Agreement to the extent that there is any conflict between these provisions, whatever they may be. 7.5 The provisions of the Contract which have been deleted shall not be considered a part of the Contract for an purpose. Additions and Deletions Report for AIA Document B105TM — 2007 (formerly 8165111-1993). Copyright C 1993 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:38:41 on 0310412011 under Order No.1131725871_1 which expires on 02!1712012, and is not for resale, User Notes: (1815103309) PAGE 4 AWNERCITY OF LUBBOCK TEXAS ARCHITECT Tom Martin,Mayor Jim Melton, AIA ATTEST: (St nature) Rebecca QqrzaQy Secreta (Printed name and title APPROVED AS TO CONTENT Si nature James Loomis.Director Aviation (Printed name and title APPROVED AS TO FORM: (Signature) Assistant City Attorney Printed name and title Additions and Deletions Report for AIA Document B106T" — 2007 (formerly B166T" —1993). Copyright 01993 and 2007 by The American Institute of Architects. Alt rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAlA software at 11:38:41 on 03/0412011 under Order No.1131725871_1 which expires on 02/17/2012, and is not for resale. User Notes: (1815103309) Certification of Document's Authenticity A1A® Document D401Tm — 2003 I, Lesa Reed, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:38:41 on 03/04/2011 under Order No. 1131725871_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document B105TM — 2007, Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) Accounting/HR Director (71tle) March 4, 2011 (Dated) AlA Document 13401 n' — 2003. Copyright 01992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAr' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 11:38:41 on 03/0412011 under Order No.1131725871_1 which expires on 02/1712012, and is not for resale. User Notes: (1815103309)