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HomeMy WebLinkAboutResolution - 332 - Contract - BGR Architects-Engineers - Renovation, Transit Facilities - 11/08/1979,. DWR:cI RESOLUTION #332 11/8/79 RESOLUTION WHEREAS, the City of Lubbock desires to engage an Architect to render certain professional services in connection with the design, construction of additions and renovations of the transit service, storage and office facility in Lubbock, Texas. 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 for Professional Services by and between the City of Lubbock and BGR Architects - Engineers attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of November , 1979. Si)1Q*Q006*W— WEST, MAYOR ATTEST: Evelyn Gaf ga, City Ae e y -Treasurer -,APPROVED AS TO FORM: 0 X0 David W. Reagan, A st. ity Attorney APPROVED AS TO CONTENT: 4, , '�q- WA,i ' -- John Wilson, Transit Coordinator CONTRACT FOR PROFESSIONAL SERVICES By and Between the CITY OF LUBBOCK BGR ARCHITECTS -ENGINEERS RESOLTUION #332 - 11/8/79 THIS AGREEMENT, entered into as of this 8th day of November, 1979 by and between the CITY OF LUBBOCK AND BGR ARCHITECTS -ENGINEERS (herein- after referred to as the Architect); WITNESSETH THAT WHEREAS, the'CTTY OF LUBBOCK desires to engage the Architect to render certain professional services hereinafter described in connection with the design and construction of additions and renovations of a transit service, storage, and office facility, Lubbock, Texas (the "Project"). NOW, THEREFORE, the parties hereto do mutally agree as follows: I. Employment of the Architect. The City of Lubbock hereby agrees to engage the Architect and the Architect agrees to perform the services hereafter set forth, in connection with the Project. 11. Project Site. The project site involves two properties and are designated at Property One (West), Property One (East), and Property Two. PROPERTY ONE (WEST) is on the east side of Texas Avenue between Eighth and Ninth Streets. It consists of a 260 foot by 125 foot tract of land totaling 32,500 square feet. The legal description is Lots One through Ten, Block 72, Original Town, City of Lubbock, Lubbock County, Texas. PROPERTY ONE (EAST) also includes a 78 foot by 125 foot tract of land on the west side of Avenue H. The area total is 9,750 square feet. The legal description is Lots Sixteen through Eighteen, Block 72, Original Town, City of Lubbock, Lubbock County, Texas. PROPERTY TWO is a 52 foot by 125 foot tract of land at the south- west corner of Avenue H and Eighth Street. The total area is 6,500 square feet. The legal description is Lots Nineteen and Twenty, Block 72, Original Town, City of Lubbock, Lubbock County, Texas. III. Scope of Services. The Architect shall perform and carry out, the work set .forth in Appendix A, entitled "Scope of Services," attached hereto and by reference incorporated herein and made a part hereof. IV. City of Lubbock Responsibilities to the Architect. A. The CITY OF LUBBOCK shall maintain close liaison with the Architect during the course of this project. Specifically, the CITY OF LUBBOCK shall designate a representative authorized to act in its behalf duffing the course of the Project (the "Project Manager"). The CITY OF LUBBOCK through its Project Manager, shall examine all documents submitted by the Architect and shall promptly render decisions on the documents to avoid unreasonable delAy in the conduct of the Architect',s work. The Architect hereby recognizes that the CITY OF LUBBOCK may use any member of its staff to review and comment upon the documents developed by the Architect. B. The CITY OF LUBBOCK, through its Project Manager, shall furnish the necessary information and criteria to the Architect relative to the Project. The CITY OF LUBBOCK may utilize the services of other technical specialists. -2- 1 C. The CITY OF LUBBOCK shall furnish at it's own expense topographic and boundary surveys of the site, showing, as required, grades and lines of streets, alleys, pavements and adjoining property; rights of way restrictions, easements, encroachments, deed restrictions, boundaries, and contours of the building site, locations, dimensions, and available data pertaining to existing buildings, other improvements and trees. The CITY OF LUBBOCK shall furnish the services of a soils engineer or other consultant when such services are deemed necessary by the Architect, including reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional recommendations. The Architect shall be entitled to rely upon the accuracy and completeness of all data furnished to it by the CITY OF LUBBOCK. D. The CITY OF LUBBOCK shall furnish all reasonable structural, chemical, mechanical,;and tither laboratory tests, inspections and reports if required and requested by the Architect. E. If the CITY OF LUBBOCK observes or otherwise becomes aware of any default or defects in the Project or nonperformance with the contract documents, it shall give prompt written notice thereof to the Architect. F. The CITY OF LUBBOCK shall bear the cost of any reproduction and mailing of plans, drawings, and specifications other than those specified in Appendix A, paragraphs 'K 15, 2.4, and 3.4. V. Personnel. A. The Architect represents that it has, or will secure at its own -3- expense, all personnel required in performing the services under this Contract. B. All of the services required hereunder will be performed by the Architect or under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized under appropriate state and local law to perform such services. C. None of the work or services covered by this Contract shall -be subcontracted without the prior written approval of the CITY OF LUBBOCK. VI. TIME OF PERFORMANCE. The services of the Architect, as specified in Appendix A, are to commence upon execution of this Contract, and shall be undertaken in such a sequence as to assure their expeditious completion. Work covered by this Contract shall be completed within 30 days after completion of construction and as follows: It is contemplated that Phase 1, Preliminary Schematic Design, Phase 2, Design Development Phase, and Phase 3, Construction Documents Phase, shall be completed within five (5) months after exectuion of this Contract. Phase 4, Bidding or Negotiation Phase, shall be completed within 45 days of receipt of approval from Urban Mass Transportation Administration. Phase 5, Construction Administration Phase, will commence with the award of the Contract for Construction. It is further agreed that the time schedule is contingent upon timely reviews by the City of Lubbock and other agencies including: A. Changes by owner of preliminary designs. B. To any preference, priority or allocated order duly issued by the Government. C. To delay of approval of preliminary and final working drawing_. -4- plans by various reviewing authorities. D. To unforseeable cause beyond the control and without the fault or negligence of the Architect, including but not restricted to, acts of God, or of -the public enemy, acts of the Owner, fires, floods, epidemics, quarantine restrictions, and severe weather. VII. Compensation. - A. For the five Phases of the basic services, the Architect shall receive payment for the performance of the work as specified in Appendix A a fixed fee of $57,500.00 (Fifty -Seven thousand five hundred dollars). Direct Personnel Expense of employees engaged on.the Project by the Architect: includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in producing Drawings, Specifications, and other documents pertaining to the Project, and in service during construction at the site. Direct Personnel Expense includes cost of salaries and of mandatory and f customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, pensions and similar benefits. For the Architect's reimbursabl.etexpenses, amounts expended as follows: Reimbursable Expenses are in addition to the Compensation for Basic and Additional Services and include actual expenditures made by the Architect, I his employees, or his professional consultants in the interest of the Project for the expenses listed in the following Subparagraphs: 1. Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance com- munications, and fees paid for securing approval of authorities -5- having jurisdiction over the Project. 2. Expense of data processing and photographic production techniques when used in connection with Additional Services. 3• Expense of renderings, models and mock-ups requested by the Owner. 4. Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's con- sultants. VIII. Method of Payment A. Payment to the Architect shall be made in accordance with the following schedule; the total sum of payments for the five phases of basic service will be $57,500.00. These payments are broken down in proportion to the following standard schedule based on 100% basic services. Schematic. Design, Phase 1 $ 8,625 Design Development, Phase 2 11,500. Construction Documents, Phase 3 23,000 Bidding, Phase 4 2,875 Construction Administration, Phase 5 11,500 IX. A., The Architect shall maintain complete records with respect to the actual time devoted and costs incurred. Such records shall be supported by properly executed payrolls, invoices, contractsor other vouchers evidencing in proper detail the nature and propriety of the charge. All checks, payrolls, Invoices, contracts or other accounting documents pertaining in whole or in part to the work shall be clearly identified, readilyaccessible and to the extent feasible, kept separate from all other such documents. These records shall be retained for a period of three (3) years after completion of the Contract. B. The Architect shall provide the CITY OF-LUBBOCK access at mutually convenient times to such books and records, and the right to examine and audit the same and to make transcripts therefrom and to allow inspection of all work data, documents, proceedings, and activities related to this Contract. C. The Architect shall.permit the authorized representatives of the CITY OF LUBBOCK, the U.S. Department of Transpor- tation, and the Comptroller General of the United States to inspect and audit all data and records of the Architect relating to his performance under this Contract. X. Termination of Cnntrnrt fnr mute If, through any cause, the Architect shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Architect shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF LUBBOCK shall there- upon have the right to terminate this Contract by giving written notice to the Architect of such termination immediately.. In the -event of such termination, the Architect shall be paid for its services performed to the termination date, including reimbursable expenses.. -7- XI. The Termination at Convenience of the CITY OF LUBBOCK. The CITY OF LUBBOCK may terminate this Contract at any time by giv.i_ng written notice to the Architect for such termination and specifying the effective date of such termination. In that event, all finished or unfinished documents and other materials, or copies thereof, as described in Paragraph IX above, shall become the property of the CITY OF LUBBOCK. If the Contract is terminated by the CITY OF LUBBOCK as provided herein, the Architect will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Architect as covered by this Contract, less payments of compensation previously made. XII. Changes The CITY OF LUBBOCK, may from time to time, require changes in the scope of the services of the Architect to bei;performed hereunder. Such changes, including any increases or decreases in the amount of the Architect's compensation, which are mutally agreed upon by and between the CITY OF LUBBOCK and the Architect, shall be incorporated in written amendments to this Contract. XIII.. Equal Employment Opportunity In connection with the execution of this contract, the Architect shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Architect shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment;, without regard to their race, religion, color, sex, or national or•.igin. Such actions shall'i.nclude, but not be limited to the following: 10 employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. XIV. Minority Business Enterprise. .In connection with the performance of this Contract, 'the Architect will cooperate with the CITY OF LUBBOCK in meeting his commitments and goals with regard to the maximum utilization of minority bus- iness enterprises and will use his best efforts to insure that minority business enterprises.shall have the maximum practicable opportunity to compete for subcontract work under this Contract. -9- XV. Interest of Public Officials. No member, officer, or employee of the CITY OF LUBBOCK during his tenure or for one year thereafter shall have any interest, direct or indirect, in -this Contract or the proceeds thereof. XVI. Interest Members of Congress. No members of or delegate to the Congress of the United States of America, and no resident commissioner, shall>be admitted to any share or part thereof or any benefit to arise herefrom. XVII. Interest of the Architect. The Architect covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required to be performed under this Contract. The Architect further convenants that in the performance of this Contract no person having any such interest shall be employed. XVIII. Assignability and Subcontracting. A. The Architect shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the CITY OF LUBBOCK. B. Except as noted in Article V, subsection C, above, the Architect shall not subcontract or otherwise transfer any part of or in- terest in this Contract without prior written consent of the CITY OF LUBBOCK. XIX. Identification of Documents. The format and manner of identification of the Architect on all reports, maps, and other documents completed as a part of this Contract other than documents prepared exclusively for internal -10- use within the CITY OF LUBBOCK shall be approved by the CITY OF LUBBOCK and shall carry the following nothtion on the same page (or, in the case of maps, in the same block) containing the name of the CITY OF LUBBOCK. "The Preparation of this has been financed in part through a grant from the United States Department of Transportation under the provisions of Section 5 of the. Urban Mass Trans- portation Act of 1964, as amended." ...together with the date (month and year) the document was prepared and the construction site in question. XX. Copyrights and Patents. A. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of any application for copyright by or on behalf of the Architect. B. If any invention, improvement, or discovery (whether or not patentable) is conceived or for the first time actually reduced to practice in the course of this Contract, the Architect shall give the Administrator of the Urban Mass Transportation Admin- istration or his authorized representative written notification thereof. The Architect recognizes that the Administrator has the sole and exclusive power to determine whether or not and where a patent application shall be filed and furthermore the Architect agrees to abide by the decision of the Administrator. If the Architect is permitted to`:file a patent application pursuant to this Contract, the following statement shall be included within the first paragraph of the specification of any such patent application or patent: "The invention described therein was made in the course Mac of, or under, a grant of the United States Depart- ment of Transportation." XX1. Ownership of Documents. A. All drawings, specifications, reports, and materials prepared by the Architect in the performance of this Contract shall remain the property of the City of Lubbock. B., Any reports, information, data, etc., given toor prepared or assembled by the Architect specifically under this Contract shall remain confidential and shall not be made available to any individual or organization by the Architect unless released by the CITY OF LUBBOCK or required to be disclosed by law. XXI1. Monthly Progress Reports. Monthly progress reports shall be submitted to the CITY OF LUBBOCK by the Architect until such time as the construction has been completed. This monthly report is in terms of the established schedule.and work program: and is to be prepared at the close of each calendar month and submitted within ten (10) days of the end of each calendar month until all Project work has been completed. The report consist of: 1. A narrative description of activities and accomplishments -duirng the calendar month, 2, A narrative description of any difficulties or delays encountered. 3. A schedule of activities planned for the next month such as completion of design, advertisement for bids, contract awards and special events, and anticipated -12- difficulties or delays. 4. Percentage of completion of the active contract and construction Project. 5• Estimated date of completion of the contract and construction Project. XXII1. Limits of the Contract This Contract shall constitute the sole understanding of the parties hereto and supersedes all prior negotiations, state- ments, insturctions, repersentatives or agreements, whether written or oral. This Contract shall be amended only by written instrument signed by both the CITY OF LUBBOCK and the Architect. XXIV. Liability for Default. In the event of default by either party hereunder, causing damage to the other party, the non -defaulting party shall be entitled to all reasonable expenses, and costs to include a reasonable attorney's fee incurred by reason of such default. Termination as. -defined under Article XI shall not be regarded as default by the CITY OF LUBBOCK. XXV. Applicable Law. This agreement shall be governed by the laws of the state of Texas. XXVI. Notices. All notices or other communications to either party by the other shall be deemed given when made in writing and deposited in the United States Post Office, addressed as follows: To CITY OF LUBBOCK ATTN: John L. Wilson Transit Department P.O. BOX 2000 Lubbock, Texas 79457 -13- To Architect BGR Architect - Engineers 2118 - 34th Street Lubbock, Texas 79411 -XXVII. THE STANDARD DOT TITLE VI of 1964 ASSURANCE Dueing the performance of this contract, the City of Lubbock, for itself, its assignees, and successors in interest (hereinafter referred to as the "Architect") agrees as follows: (1) Compliance with Regulations: The Architect shall comply with the Regulation relative to nondiscrimination in Federally - assisted programs of the Department of Transportation (here- inafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Architect, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Architect shall not participate either directly,or indirectly in the dUscrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors - Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Architectfor work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor- -14- or supplier shall be notified by the Architect of the Architects obligations under this contract and the Regulations relative to nondiscrim�i.nation on the grounds of race, color, sex, or national origin. (4) Information and Reports: The Architect shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit adcess to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Lubbock or the Urban Mass Transportation Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructlons. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Architect shall so certify to the City of Lubbock, or the Urban Mass Transportation Admin- istration, as;approp H ate, and shall set forth what efforts it has made to obtain the information. (5) Sanction for Noncompliance: In the event of the Architect's noncompliance with the nondiscrimination provisions of this contract, the City of Lubbock shall impose such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Architect under the Contract until the Architect complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Architect shall include the provisions of paragraph (1) through (6) in every subcontract, -15- including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Architect shall take such action with respect to any subcontract or procurement as the City of Lubbock or the Urban Mass Transportation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes ;i.nvolved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Arcbftect- may request the City of Lubbock to enter into such litigation to protect the interests of the City of Lubbock, and, in addition, the Archttect may request the United States to enter into such litigation to protect the interests of the United States. -16- BGR ARCHITECTS -ENGINEERS: -4140 Robert AGogyyetlte, artner ATTEST: -17- CITY OF LUBBOCK: )1wNeO000*� - DMf-T. MAYOR ATTEST: Evelyn Gaf ga, City S y, Treasurer APPROVED AS TO CONTENT: 0�-L '6. ", John L. Wilson, Transit Coordinator APPROVED AS TO FORM: David W Reagan. Asst. City Attorney APPENDIX A - To Contract for Professional Services between the City of Lubbock and BGR Architects -Engineers, entered into this day of , 1979. SCOPE OF SERVICES A. INTRODUCTION The City of Lubbock, Texas desires to renovate a building and design and construct a transit bus service garage and office facility at 9th Street and Texas Avenue, Lubbock County, Lubbock, Texas. Garage and office facility will be built on a tract of land, which the City of Lubbock owns, for the purpose of operating a public transportation system. The City of Lubbock does not have the technical staff and support personnel necessary to properly design and construct such facilities. Therefore, the City of Lubbock has determined that retention of professional services to design and construct the garage and office facilities would be appropriate. B. The Architect hereby acknowledges that the Project herein described is to be partially funded by a grant from the United Stated Department of Transportation, Urban Mass Transportation Administration (Project TX -05-0039). in accordance with the estimated Phase Ii budget of the Project TX -050039 the Architect is to devote his best efforts to the design of an operating garage facility including washing/cleaning equipment on. -the aforementioned site for a total construction cost not to exceed 900,000. Should the Architect find that no adequate installation can be built for 900,000 the City of Lubbock shall immediately be notified in writing as to the probable cost and justification for the additional expenditure, -18- C. BRIEF DESCRIPTION OF THF TRANSIT Rile cFRvirr Akin nrrire CAN me sri, Project Site. The project site involves two properties and are designated as Property One (West), Property One (East), and Property Two. PROPERTY ONE (WEST) is on the east side of Texas Avenue between Eighth and Ninth Streets. It consists of a 260 foot by 125 foot tract of land totaling 32,500 square feet. The legal description is Lots One through Ten, Block 72, Original Town, City of Lubbock, Lubbock County, Texas. PROPERTY ONE (EAST) also includes a 78 foot by 125 foot tract of land on the west side of Avenue H. The area total is 9,750 square feet. The legal description is Lots Sixteen through Eighteen, Block --72, Original Town, City of Lubbock, Lubbock County, Texas. PROPERTY TWO is a 52 foot by 125 foot tract of land at the south- west corner of Avenue H and Eighth Street. The total area is 6,500 square feet. The legal description is Lots Nineteen and Twenty, Block 72, Original Town, City of Lubbock, Lubbock County, Texas. _19- D. The total building area including a service lane addition will equal at a minimum approximately 41,500 sq. ft. The bus service area will be constructed to service and adequately maintain 60 full size city transit buses on an area of approx- imately 32,600 sq. ft. The service area will be adequately heated and ventilated to maintain .a comfortable working temperature. Full use will be made of solar heat capabilities if economically feasbile and electric lighting to meet the proper candlepower desired rating will be provided. Adequate floor drains and electric overhead doors with back-up manual control will be provided. E. -The service area will be -constructed to accomodate at a minimum five (5) full size transit buses. Service area shall include at a minimum three (3) pits which meet all O.S.H.A. requirements, one (1) portable hoist with a minimum of two (2) sets of stands capable of safely securing two elevated coaches, one (1) flat work area, one (1) body and paint room. One (1) band of overhead air operated reels (chassis lubrication, engine oil, transmission oil, water and air) will be provided at each bus stall. A separate battery room will be provided. Battery room will be force ventilated.'to comply with all safety standards. F. Mild winter temperatures in Lubbock do not necessitate the need for inside heated storage facilities; however, Lubbock should utilize the feature as much as possible in the design proposal. Outside parking and storage facilities of approximately 550 sq. ft. or 33,000 sq. ft. for 60 buses should be provided, keeping in mind that room for growth must be considered. In the future as the Lubbock Transit system expands its capital adquisitions, -20- it should look to the possibility of acquiring additional adjacent property with two primary goals in mind: Incorporate total indoor storage; Maintain expansionary flexibility capabil- ities with each capital facility expansion. G. A unit overhaul shop will be provided adjacent to the service area and spare parts department. The unit repair shop will be approximately 2,000 square feet. Major and minor bus components are to be reconditioned and tested in this area. A 360 Jib Crane with 2 ton electric hoist will be provided to expedite the movement of engines and transmissions. Lighting shall meet specified candle power requirements. Adequate work benches, with stationary engine and transmission stands will be provided. Adequate electrical outlets and pressure connections will be provided. As -required, a suggested capital requirement check list will be provided. H. The spare parts department with approximately 2,000 square feet will be provided adjacent to service area and unit overhaul. New material and reconditioned spare units will be stored in cell:i,ng high shelving along the walls and waist high shelving in the middle. A perpetual inventory will be maintained with the aid of a Kardex system. Spare parts will be listed and stored by groups. A maximum security system will be maintained. I. Manager, secretary's, accounting, dispatchers, collection, training room, chauffeur lounge, lockers, comfort rooms, janitor, foyer, kitchen, storage and planning area will'.be approximately 11,000 sq. ft. The area will be ate conditioned and will be designed to be in full compliance with State and Federal handicapped accessibility requirements. Design and construction -21- of these facilities will be under the guidance of BGR Architect - Engineers whose primary responsibility will be to perform the required contractural obligations covering the facility rehabilitation program. J. A service lane for fuel, oil, water, and tire check as well.as bus vacuum and washing systems will be included. The service lane will be totally enclosed with a heated access platform to prevent ice formation at the service Kane exit. A water reclamation system will be utilized. A pit will"be installed at the fueling island in order that safety inspections can be performed using the fueling operation. The site will be fenced with chain link fencing to provide building and equipment security. Paving of yard, side walks, and yard lighting will:.be provided to make the site functional and attractive. It is understood that necessary changes may be made in the course of construction of this project. However, all changes will be reviewed by the architect, prime contract©r, and the City of Lubbock. K. SCOPE OF WORK Under this Contract, the Architect agrees to provide the necessary professional services, including the normal structural, mechanical, and electrical engineering seriices to (1) design a transit service, storage and office facility for the City of Lubbock, and (2) provide construction documents sufficient for prospective construction contractors. In exectuing this Contract, the Contract is divided into five (5) major phases: 1. Schematic Design Phase 2. Design Development Phase 3. Construction Document Phase 4. Bidding or Negotiating Phase 5. Construction Administration ` -22- a Each Phase is divided into sub -phases as described below`: Phase 1 - Schematic Design The schematic design phase shall commence upon the signing of this Contract, and the receipt by the City of Lubbock of the approval and concurrance by the United States Department of Transportation, Urban Mass Transportation Administration. 1.1 The Architect shall visit and familiarize himself with the Project site and its surrounding areas. The Architect shall be diligent in apprising himself of all local codes, ordinances, regulations, and specifically, Department of Transportation, Urban Mass Transportation Administration requirements affecting the Project. The construction documents discussed in Phase 3 hereof, shall reflect with reasonable accuracy all such codes, ordinances, regulations, and requirements. 1.2 The Architect shall review the program furnished by the City of Lubbock to ascertain the requirements of the transit service, storage, and office facility and shall confirm such requirements in writing with the City of Lubbock. The Architect and the necessary tech- nical experts provided by the City of Lubbock shall meet at the commencement of the Contract to review the Project program. 1.3 Based on the agreed upon program, the Architect shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for approval by the City of Lubbock. Such studies shall include plans. elevations and sections of the buildings, construction outline and a description of the structural, electrical and mechanical systems. 1.4 The Architect shall bubmit to the City of Lubbock a Statement -23- V1 Probable Construction Cost based on a current area, volume, or other unit costs which shall include all structures, utilities, and appurtenances thereto. 1.5 Two''(2) copies of the Schematic Design studies shall be submitted to the City of Lubbock by the Architect for approval by the City of Lubbock. Phase 2 - Design Development Phase 2.1 Upon written approval by the City of Lubbock o Vthe Schematic Design Studies, the Architect shall prepare, from the approved Schematic Design Studies, for approval by the City of Lubbock, the design Development Documents, consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical, and electrical systems, materials, and such other essentials as may be appropriate. 2.2 if requested by the City of Lubbock, the Architect shall sub- mit a suitable rendering or scale model of the exterior and a set of reproducible preliminary drawings. The rendering shall be in a form suitable for exhibit, reproduction, and publication 23-- The Architect shall submit to the City of Lubbock a further Statement of Probable Construction Cost which shall include all structures, utilities, and appurtenances thereto. 2.4 Two (2) copies of the Design Development Documents shall be submitted to the City of Lubbock by the Architect for approval by the City of Lubbock. Phase 3 - Construction Document Phase 3.1 Upon wdttten approval by the City of Lubbock of the Design Development Phase, the Architect shall prepare, from the approved -24- ro Design Development Documents, for approval by the City of Lubbock, Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project, including the necessary bidding information, the preparation of bidding forms, and the form of Contract between the City of Lubbock and the prosepctive contractors. 3.2 The Architect shall advise the City of Lubbock of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 3.3 The Architect shall prepare complete construction documents in such forms as to be suitable for presentation to prospective bidders and in such form as required''by Urban Mass Transportation Administration regulations, delineating the entire project and in .such detail:as is necessary to permit a construction contract to be entered into. The constructiondocuments shall include the following items: (a) Working Drawings: 1. Site (including results of sub -surface soil investigation, existing §rades, new final grades, paving, curbs, utility lines, and utility structures.) 2. Architectural 3. Structural 4. Mechanical 5. Electrical (b) Complete specifications which shall describe the scope, materials, and quality of workmanship of all parts of (a) above. 3.4 The Anccitect shall provide the City of Lubbock with fifty (50) sets of working drawings and specifications as part of the services -25- 12 hereunder. Additional sets of drawings and specifications shall be provided at cost if requested by the City of Lubbock. 3.5 The construction documents shall be submitted to the City of Lubbock by the Architect for written approval. 3.6 Construction documents will include details and specifications indicating coordination of provision and installation of the following items: Hoist Pit and Related air circulation features Overhead reels Fuel pumps and tanks Water heater Exhaust and ventilation Oil, air and water lines Traps Phase 4 - Bidding or Negotiating 4.1 The Architect, following the City of Lubbock's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the City of Lubbock in obtaining bids or negotiated proposals and in awarding and preparing construction contracts. Construction work shall be done under one contract. Phase 5 - Construction Phase - Administration of the Construction Contract 5.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, thirty days after the Date of Substantial Completion of the Work, whichever occurs first. 5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construction as set forth below.. -26- ,, L, 5.3 The Anccitect shall be a representative of the City of Lubbock during the Construction Phase, and shall advise and consult with the City of Lubbock. Instructions to the Contractor shall be forwarded through the Architect. The Architect shall have authority to act on behalf of the City of Lubbock only to the extent provided in the Contract Documents unless otherwise modified by written instrument in accordance with Subparagraph 5.16. 5.4 The Architect shall visit the site at intervals approprlate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality in accordance with the Contract Documents. On the basis of such on-site observations as an architect, the Architect shall keep the City of Lubbock informed of the progress and quality of the Work, and shall endeavor to guard the City of Lubbock against defects and def- iciencies in the Work of the Contractor. 5.5 The Architect shall",not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub- contractors or any other persons performing any of the Work, or for the failure of any of --them to -.carry out the Work in accordance with the Contract Documents. -27- 91 5.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 5.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the City of Lubbock based on the Architect's observations at the site as provided in Subparagraph 5.4 and on the data comprising the Contractor's Application for Pay- ment, that the Work has progressed to the point indicated; that, to the best of the Anccitect's knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon --Substantial Completion, to the results of any sub- sequent test required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the money paid on account of the Contract Sum. 5.9 The Architect shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written request of either the City of Lubbock or the Contractor, and shall render written decisions, within a reasonable time, on all claims, disputes and -28 t other matters in question between the City of Lubbock and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents. 5.10' Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract'Documents and shall be written or graphic form. In the capacity of interpreter and judge, the Architect shall endeavor to secure faithful performance by both the City of Lubbock and the Contractor, shall not show partiality to either, and shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 5.11 The Architect's decisions ;in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. The Architect's decisions onany other claims, disputes or other matters, including those in question between the City of Lubbock and the Contractor, shall be subject to arbitration as provided in -this Agreement and in the Contract Documents. 5.12 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have autho- rity utho-rity to require special inspection or testing of the Work in accord- ance with the provisions of the Contract Documents, whether or not such Work be then fabricated, installed or completed. 5.13 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of -29- the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 5_.14 The Architect shall prepare Change Orders for the City of Lubbock's approval and executi6n in accordance with the Contract Documents, and shall: -have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 5_.15 The Architect shall conduct inspections to determine the Dates of Substantial Completion and final completion, shall receive and forward to the City of Lubbock for the City of Lubbock's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment. 5..16. The extent of the duties, responsibilities and limitations of authority of the Architect as the City of Lubbock's representative during construction shall not be modified or extended without written consent of the City of Lubbock and the Architect. L. OTHER TERMS AND CONDITIONS Exceeding Maximum Construction Cost If any cost estimate furnished hereunder by the Architect from time to time or if the lowest bona fide bid or negotiated construction' contract price exceeds the maximum construction cost established hereunder or by amendment in writing, the City of Lubbock shall, at its election, do one of the following: (i) give written approval of an increase in such fixed limit, (ii) authorize -30- rebidding or renegotiation of the, project within a reasonable time, or (iii) cooperate in revising the Project scope and quality as required to reduce the construction cost. If cost estimates furnished by the Architect hereunder indicate the cost of the project7wili exceed the maximum construction cost, and the City of Lubbock elects not to proceed as outlined by either alternatives (ii) or (iii) above, then it will either, with Urban Mass Transportation Administration concurrence, approve in writiing an increase in the maximum construction cost, which will be deemed an amendment to the Paragraph, revising the maximum construction cost, or it^will terminate this agreement in accordance with Article Xl of this Contract. If the City of Lubbock shall elect to proceed under (ii) of above, the Architect will assist in one..such rebidding or renegotiation at no extra cost of the City of Lubbock. If the City of Lubbock shall elect alternative (iii) above, the Architect's services hereunder shall include a onetime modification of the drawings and specifications as necessary to bring the construction cost within the most recent estimated construction cost agreed upon by the City of Lubbock and Architect hereunder. Non -Waiver The failure of either the City of Lubbock or the Architect at any time to insist upon a strict performance of any terms, conditions and coven- ants herein shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained. Contract Changes Any proposed change in this Contract or its scope shall be §ubmitted to the City of Lubbock for its prior approval. All changes will be by wrftten agreement of the Architect and the City of Lubbock. _31_