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HomeMy WebLinkAboutResolution - 2000-R0082 - Contract - Carter & Burgess Inc.- Mackenzie Park Outdoor Amphitheater - 03/23/2000Resolution No. 2000-R0082 March 23, 2000 Item No. 27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Carter & Burgess, Inc. for Professional Architectural, Architectural, and Engineering Design Services for the City of Lubbock for the proposed new Mackenzie Park Outdoor Amphitheater. 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 Council. Passed by the City Council this 23rd day of March 92000. Y SI N, MAYOR A • ST: 111namell, City Secretary-,, APPROVED AS TO CONTENT: Tommy GUhMez U Director of Civil Services APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney, Office Practice LLC:cp Cityatt/Linda/Carter&Burgess.Res & ccdocs March 13, 2000 C*AD Cartern Burgess Consultants in Planning, Engineering, Architecture, Construction Management, and Related Services Resolution No. 2000—ROO82 March 23, 2000 Item No. 27 AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT PROJECT NAME MacKenzie Park Outdoor Amphitheater NUMBER 020136000 CLIENT City of Lubbock ADDRESS 1625 13th Street, Lubbock, Texas 79457 hereby requests and authorizes Carter & Burgess, Inc. to perform the following services: SCOPE Professional Landscape Architectural, Architectural and Engineering Design Services for the City of Lubbock, MacKenzie Park Outdoor Amphitheater, as described in Scope of Work dated March 9, 2000. COMPENSATION to be on a basis of Lump Sum of $210,000.00 to be billed on a monthly basis as work is performed in accordance with Scope of Work dated March 9, 2000. If technical or professional services are furnished by an outside source, an additional 15% shall be added to the cost of the services for Carter & Burgess, Inc.'s administrative costs. Approved fo C OF L BBOC , XAS BY: WINDY SITTON Accepted for CARTER & BURGESS, INC. By: CA t6w—rte hony W. Loyd, P.E. Title: MAYOR Title: Date: 1A Date: ATTEST: Linda Chamales Title: Kaythie Darnell _. Title: City Secretary Date: APPROVED AS TO CONTENT: L��k ommy Gihzalez Title: Director of Civil Services Date: APPROVED AS TO FORM: By:C f Linda Chamales Title: Assistant City Attorney Date: Vice President March 9, 2000 Carter & Burgess, Inc. 7950 Elmbrook Suite 250 Dallas, Texas 75247-4951 (214) 638-0145 Metro (972) 263-2019 Fax (214) 638-0447 PROVISIONS 1. AUTHORIZATION TO PROCEED Signing this forth shall be construed as authorization by CLIENT for C&B, Inc. to proceed with the work, unless otherwise provided for in the authorization. 2. LABOR COSTS C&B, Inc.'s Labor Costs shall be the amount of salaries paid C&B, Inc.'s employees for work performed on CLIENTs Project plus a stipulated percentage of such salaries to cover all payroll -related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES C&B Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENTS Project, including but not limited to necessary transportation costs including mileage at C&B Ines current rate when its automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when fumished by C&B, Inc. 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for C&B, Inc.'s administrative costs, as provided on the reverse side of this agreement. 5. COST ESTIMATES An cost estimates provided by C&B, Inc. will be on a basis of experience and Judcg cement, but since It has no control over market conditions or bidding procedures C&B, Inc cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. 6. PROFESSIONAL STANDARDS C&B, Inc. shall be responsible, to the level of competencypresently maintained by other racticing professional engineers in the same type of work in CLIENTS community, for e professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. C&B, Inc. makes no other warranty, expressed or Implied. 7. TERMINATION Either CLIENT or C&B, Inc. may terminate this authorization by gIving 30 days' written notice to the other party. In such event CLIENT shall forthwith pay C&B, Inc. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements o this Authorization. 8. ARBITRATION All claims, disputes, and other matters In question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or C&B, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization may Include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. 9. LEGAL EXPENSES In the event legal action Is brought by CLIENT or C&B, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO C&B, INC. I INTEREST ON PAST -DUE AMOUNTS Monthly Invoices will be issued by C&B, Inc. for all work performed under the terns of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1%% per month will be charged on all past -due amounts, unless not permitted by law. Any interest charged or collected in excess of the highest legal rate will be applied to the principal amount owing to C&B, Inc., and if such interest exceeds the principal balance of CLIENTS indebtedness to C&B, Inc., will be returned to CLIENT. It is the Intent of C&B, Inc. and CLIENT to abide by all applicable laws regulating the maximum amount of interest which may be charged. To the greatest extent allowed by applicable law, CLIENT and C&B, Inc. agree that in the event CLIENT and C&B, Inc. enter into any compromise or settlement calling for the payment of past due principal and accrued and unpaid Merest on any past -due rmvoice, C&B, Inc. may charge and CLIENT agrees to pay Interest on such combined past due principal and accrued and unpaid mterest amount (the "New Principal Balance') at the rate of 1'r4°h per month or at the highest rate allowed by law, subject, as provided herein, to C&B, Inc.'s agreement to credit excess interest or return same to CLIENT after the New Principal Balance is paid. 11. LIMITATION OF LIABILITY C&B, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services in addition to thoseecs ied in Scope will be provided byy C&B Inc. if authorized in writing by CLIENT.spAdditional services will be paid for by CLIENT as indicated in the Letter of Proposal, Task Authorization, or such other document as deemed appropriate by CLIENT and C&B, and which is referenced under Compensation. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax is not included in the above proposed fee. Sales tax at an applicable rate will be indicated on Invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the client Is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752,(512)452-9427. 15. TERMINATION FOR NON-PAYMENT OF FEES C&B, Inc. may terminate this contract by giving written notice if any C&B, Inc. invoice remains unpaid for more than s'ucty (60) days. C&B, Inc.'s right to terminate this contract shall not be waived by C&B, int.'s continued performance during any period of Investigation by C&B. Inc. to determine the reasons for CLIENT'S nonpayment. In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. REV 03198 Resolution No. 2000-R0082 March 23, 2000 Item No. 27 SCOPE OF WORK FOR MACKENZIE PARK OUTDOOR AMPHITHEATER LUBBOCK, TEXAS MARCH 9, 2000 I. PROJECT DESCRIPTION Carter & Burgess, Inc. (C&B) will provide Professional Landscape Architectural, Architectural, and Engineering Design Services for the City of Lubbock (City) for the proposed new Mackenzie Park Outdoor Amphitheater. This scope of services has been developed from the original response by C&B, dated November 16, 1999, to the City request for proposals for the new amphitheater. This scope of services has also been developed from discussions involving the City staff and the C&B design team, as well as a preliminary program for development with an estimated construction budget of $1,500,000.00. C&B will retain the professional services of Parkhill, Smith & Cooper, Inc. for the civil engineering and regulatory permitting involved with the project. C&B will retain the professional services of Kell Munoz Wigodsky for the architectural design involved with the project. C&B will also utilize the expertise of PMK, a division of C&B, for acoustic and theater consulting as needed. The collaborative design team will prepare final construction documents for the new improvements for the City to utilize in publicly bidding the work for construction. Based upon the City provided April 1996 feasibility study by Jones Rowntree Architects for the Mackenzie Park Amphitheater, the C&B design team reviewed the study and prepared a revised preliminary program and preliminary cost estimate for City approval. The revised and approved preliminary program includes the following: demolition; dirtwork; site concrete; theater seating area concrete; stage building; restroom building(s); lighting/sound control booth; landscaping; fencing; water service; sewer; electrical service; site lighting; and grass seating. This preliminary program has a total construction estimate of $1,500,000.00. This scope of services and fee schedule is based upon the $1,500,000.00 program as approved by the City of Lubbock. Should this program and construction estimate increase, C&B and the City will re-evaluate this scope of services and determine the basis of compensation in accordance with additional professional services. Il. SCOPE OF SERVICES A. Master Plan, Programming, and Permitting Required 1. The City shall provide the C&B design team with a complete and accurate topographic survey of the Amphitheater site. The City shall also provide all other information required to complete the following Scope of Services including but not limited to: City maps, reports, exhibits, boundary surveys, utility maps, easements and right-of-ways, geotechnical information, soils, vegetation, aerial maps, roadways, bridges, structures, parking, park amenities, and historical elements within the area. The City 020136000.p04 SII I I "IY I II M shall also provide to the C&B design team all previous studies and plans that are pertinent to the Mackenzie Park area. 2. Utilizing the collected data, the C&B design team will develop a base map for use in preparing the Master Plan for the amphitheater site. 3. Key members of the C&B design team will examine the existing site conditions of the Mackenzie Park area with client representatives. The team will evaluate the site in terms of its natural character, existing manmade elements, terrain/slopes, drainage/lake features, vehicular circulation, pedestrian circulation, and adjacent land areas including the South Plains Fairgrounds. 4. The C&B design team will attend one (1) meeting with City staff, Convention & Tourism Bureau representatives, Park Board members, City Council members, Fairground representatives, Special event representatives, and other related committees and stakeholders regarding the history and proposed development of the Mackenzie Outdoor Amphitheater. This meeting will be intended to establish goals, objectives, and a final program for the new amphitheater. The final program developed during this meeting will be the basis for the design of the new Master Plan. 5. The C&B design team will prepare one (1) Conceptual Master Plan drawing for the proposed development of the new amphitheater complex. The Master Plan drawing may include plans, sketches, and elevations that graphically communicate the design concept. The design team will also prepare preliminary cost estimates for the proposed development of the amphitheater complex. 6. As a part of the Master Plan development, the C&B design team will prepare a list of Local, State and Federal guidelines, requirements, laws, permits, and mitigation measures that will have to be addressed to implement the amphitheater project. These may include the following: existing State permits; Verification of no impact to existing base flood elevations; Texas Natural Resource Conservation Commission (TNRCC); U. S. Army Corps of Engineers (COE); Texas Historical Commission (THC); Texas Department of Licensing and Regulation (TDLR); Texas Parks & Wildlife Department (TPWD); US Fish & Wildlife; and Environmental Protection Agency (EPA). This list will identify what will be required by each agency and the time frame expected to accomplish these permits; however, no actual permits will be prepared until the City provides a written notice to proceed with permitting activities. 020136000.p04 2 11111, a 1 u i. I 1., r 7. Key members of the design team will attend one (1) meeting with client representatives to present the Conceptual Master Plan drawing. The purpose of the meeting will be to present the overall concept and costs associated with the new amphitheater, and to confirm that the Master Plan, program, and costs are consistent with the needs of the client. 8. The C&B design team will utilize the approved Master Plan, program and cost estimate as the basis for Schematic Design. B. Permit Applications 1. The C&B design team will begin preparing the required applications, permits, etc. to be submitted to the various regulatory agencies. This process will need to occur as early on as possible to expedite the schedule for the various permits that may be required prior to any construction activities. 2. C&B will provide the Client with written notification that all permits required by the contract described herein have been obtained. C. Schematic Design & Design Development 1. Based upon the approved Master Plan, the C&B design team will prepare Schematic Design drawings for the approved program improvements within the amphitheater project. The Schematic Design drawings will be based upon the City approved program and costs as obtained in Task A. 2. Key members of the C&B design team will attend one (1) meeting with client representatives to present the Schematic Design drawings. The client shall provide, in writing, all review comments for the Schematic Design drawings and written approval prior to proceeding into Design Development. 3. Based upon the approval of the Schematic Design drawings, the C&B design team will prepare Design Development drawings for proposed new amphitheater project. The Design Development submittal will include drawings and a table of contents for the specifications and contract documents. The Design Development submittal will also include a revised cost estimate for the proposed construction. 4. The City shall provide, in writing, all review comments for the Design Development submittal. The C&B design team will obtain these written comments and approval from the City prior to proceeding into the final construction documents. 020136000.p04 3 II !" I IY 1. { r D. Final Construction Documents 1. Based upon the written approval from the City of the design development submittal, the C&B design team will prepare Final Construction Documents for the improvements proposed within the new amphitheater project. The Final Construction Documents will be comprised of both the drawings and the specifications/contract documents booklet. It is anticipated that the documents will include the following: demolition plan(s); grading plan(s); layout plan(s); pedestrian walkway plan(s); utility plan(s); architectural plan(s); electrical plan(s); mechanical plan(s); planting plan(s); irrigation plan(s); and various construction detail sheets. The contract documents booklet will include City provided forms, general conditions, contractual forms, insurance requirements, technical specifications by C&B, etc., for the bidding of the project. E. Bidding & Contract Award 1. The C&B design team will assist the City in preparing the advertisement for public bid. The City will be responsible for all bid advertisements, printing of multiple sets of bid documents, and costs associated with public notifications. 2. Key members of the design team will attend the pre-bid conference with City representatives and potential bidders. 3. The C&B design team will assist the City in answering contractor questions during bidding period, and assist the City in preparing addendum(s), if required, during the bid phase. 4. Key members of the design team will attend the bid opening with City representatives. 5. The C&B design team will assist the City in reviewing the contractor's bids and provide a recommendation to the City for award of contract. F. Construction Administration Phase 1. The C&B design team will assist the City by attending a total of ten (10) site progress meetings during construction to evaluate the work by the contractor. The City will be responsible for the day -today administration of the construction contract. 2. The C&B design team will prepare a written Field Report for each meeting attended during the construction of the project. 3. The C&B design team will process submittal and shop drawing reviews as submitted by the contractor during the construction process. 4. The C&B design team will review pay applications as submitted by the contractor and forward to the City with the appropriate recommendation. 020136000.p04 4 5. The C&B design team will attend a final site walk-through as the tenth site progress meeting with city representatives, the contractor, and subcontractor's to review the completion of work. The team will provide written comments to the City for the City to utilize in preparing a final "punch list" for work to be completed by the contractor. III. FEE COMPENSATION The cost for performing these services set forth herein is based upon an approximate construction budget of $1,500,000.00 and will be as follows: A. Master Plan, Programming, and Permitting Required $15,000.00 B. Permit Applications $14,500.00 C. Schematic Design and Design Development $60,550.00 D. Final Construction Documents $85,250.00 E. Bidding & Contract Award $8,150.00 F. Construction Administration Phase $16,550.00 Total Basic Design Services $200,000.00 Reimbursable Expenses (Not to Exceed) $10,000.00 (Reimbursable expenses will be additional to the basic services cost. These expenses include, but may not be limited to such items as reproduction, computer plotting, printing, photography, aerial maps, travel/mileage, car rental, fax, Xerox copies, meals, lodging, couriers, postage, deliveries, etc.) TOTAL FEE $210,000.00 (Billed on a monthly basis as work progresses) IV. SCHEDULE SCOPE ITEMIDESCRIPTION Notice to proceed by City Master Pian, Programming and begin Permitting City Master Plan Presentation/Review Schematic Design City Schematic Design Review Design Development City Design Development Review Construction Documents City Construction Document Review Bidding/Contract Award Project Construction 020136000.p04 ESTIMATED SCHEDULE Friday, March 31, 2000 April 3 — April 21 April 24 — April 28 May 1 — May 23 May 24—May 31 June 1 — July 21 July 24 — July 28 July 31 — Sept 21 Sept 22 — Sept 28 Oct 2 — Nov 17 Nov 20, 2000—Aug 31, 2001 SCHEDULE ASSUMPTIONS: 1. Contract finalized & Notice to Proceed no later than April 1, 2000. 2. City review periods occur as shown and approval to proceed given in writing within 5 business days from receipt of documents by City. 3. Should any additional permitting, historical/cultural reviews and/or documentation, or archeological investigations/documentation be required, the above schedule will be reviewed by C&B and the City and revised to reflect the additional scope and schedule. Vi. ASSUMPTIONS A. The City and the C&B design team have designated a construction budget of $1,500,000.00 for the program improvements for the Mackenzie Park Outdoor Amphitheater. Should this construction budget increase or decrease, or the City should require alternate bid items to be included in the construction document package, C&B and the City staff will re- evaluate this scope of work and determine the basis of compensation in accordance with revisions to the design services. The following program items and budgets were identified by the City and the C&B design team via a fax transmittal dated February 29, 2000 for the Mackenzie Park Outdoor Amphitheater (see Exhibit "A"): - Demolition $52,000.00 - Dirtwork $50,000.00 - Site Concrete $75,000.00 - Theater Seating Area Concrete $159,000.00 - Stage Building $500,000.00 - Restroom Building(s) $352,000.00 - Lighting/Sound Control Booth $12,000.00 - Landscaping $25,000.00 - Fencing $50,000.00 - Water Service $8,000.00 - Sewer $37,000.00 - Electrical Service $18,000.00 - Site Lighting $60,000.00 - Grass Seating $40,000.00 Subtotal $1,438,000.00 Remaining Budget/ Contingency $62,000.00 PROGRAM TOTAL $1,500,000.00 B. The City will provide, as expeditiously as possible, all base information currently in its possession, necessary to complete the scope of services described herein. This scope of services does not include any survey work. Should additional survey information be necessary, the City will provide this information to C&B. ALL INFORMATION PROVIDED BY THE CITY IS ASSUMED TO BE ACCURATE AND COMPLETE, 020136000.p04 6 UNLESS OTHERWISE INDICATED BY THE CITY. Any information required to complete this scope of work that cannot be readily provided by the City will remain the responsibility of the City. All such information shall be provided to C&B, and any costs associated with acquisition will be bome by the City. C. This scope of services does not include any "Site Inventory" as identified in the City RFP, item b, page 3, dated 10-13-99, requiring documentation of all existing CCC structures that will be removed to allow for proposed construction. D. This scope of services does not include any water regulatory permitting with the U. S. Army Corp of Engineers (COE) for 404 permitting. This scope of services does not include any water regulatory permitting with the Federal Emergency Management Agency (FEMA) for preparing a CLOMR or LOMR. It is assumed at this point that the proposed amphitheater project will not impact the existing lake and therefore not require these types of permits. Should these permits become necessary at a later date during the design process, C&B and the City staff will re- evaluate this scope of services and determine the basis of compensation for preparing the regulatory permits. E. This scope of services does not include any services for environmental engineering such as an Environmental Assessment (EA) or Environmental Impact Statement (EIS). F. The C&B design team will attend all meetings and/or presentations as described within this scope of services. Additional meetings and/or presentations requested by the City will be considered as additional services. The C&B design team will provide one (1) Conceptual Master Plan drawing. Any additional illustrative drawings requested by the City will be considered additional services. G. Any cost estimates by the C&B design team will be on a basis of experience and judgment, but since the team has no control over market conditions or bidding procedures, it cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. However, the C&B design team acknowledges that the City is relying on the cost estimates provided by the team and anticipates minimal variation from the cost estimates provided. H. The City will pay for all required governmental processing fees and public notice advertising costs. It is anticipated that the Mackenzie Park Outdoor Amphitheater project will be prepared as one (1) bid package. If additional bid packages are requested by the City for phasing breakouts or alternate bid items, C&B will re-evaluate the scope of services to address additional fees required for these services. 020136000.p04 7 ,Ltl a ,i 11 . r VII. MISCELLANEOUS A. For the purpose of this Scope of Work: Owner's Representative: Corbin Pemberton (City of Lubbock) Project Manager: Ken Howell (C&B) B. If Owner's representative or project manager change during the course of the contract, client and/or consultant will notify of said change in writing 5 business days prior to said change. Corbin Pemberton Phone: (806) 775-2689 P.O. Box 2000 Fax: (806) 775-2686 1010 9"' Street Lubbock,Texas 79457 Ken Howell Phone: (214) 638-0145 7950 Elmbrook, Suite 250 Fax: (214) 638-0447 Dallas, Texas 75247 C. Insurance: Certificate of Insurance shall be provided to the City to insure that it is satisfactory to the Risk Management Coordinator. 020136000.p04 8