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HomeMy WebLinkAboutResolution - 2018-R0254 - Fanning, Fanning, And Associates - 08/09/2018RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 'I'l IAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Agreement No. 14079 for Engineering Services for Public Safety Improvement Project, Evidence Warehouse/Crime Lab, by and between the City of Lubbock and Fanning, banning and Associates, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shrill be included in the minutes ol' the City Council. Passed by the City Council on Ln'-- DANIEL M. POPE, MAY It ATTEST: y iEgca Garza, City Secre ary APPROVED AS TO CONTENT: C.� Mark Ycaa oa _ Assistz nt City Manager APPROVl:1) AS TO DORM: & ok;�t� elli Leisure, Assistant City Attorney ccdocs/RESTSC-14079 Fanning 7.25.18 ACORLJ il.� CERTIFICATE OF LIABILITY INSURANCE OATE(MM/DDNYYY) 07/23/18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GARY HATCHETT INSURANCE 3323 82nd St Lubbock, TX 79423 CONTACT ME PHONE 3-2421 -9220tAI() aD E-MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAICtl INSURER A Farmers Insurance Exchange INSURED Fanning, Fanning & Associates, Inc INSURER B Truck Insurance Exchange INSURER C 2555 74th St INSURER Lubbock, TX 79423 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR LTR TYPE OF INSURANCE AODL INSR SUBR wvD POLICY NUMBER POLICY E MM/DDlYYYY) POLICY EXP MMIDD/YWY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE I OCCUR L- 069138647 08/16/17 08/16/18 EACH OCCURRENCE $ 1 000,000 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY PRO- T LOC PRODUCTS - COMP/OP AGG s 2,000,000 $ B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED X AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 0 69138 64 6 08/16/17 08/16/18 COMBINED SINGLEI Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ DAM Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/F�fECUTIVE jY r�N� OFFICERIMEMSER EXCLUDED? I I Mandatory in NHI �I If yes, describe under DESCRIPTION OF OPERATIONS below NiA N23074716 08/16/17 OS/16/18 WC STATU OTH- 7ORY LIMITS ER E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS J VEHICLES (Attach AGORD 101 Additional Remarks Schedule, if more space is required) City of Lubbock PO Box 2000 Room 106 Lukbbock, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED Add 1988-2010 ACORD CORPORATION. All riahts reserved ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD ACORL! CERTIFICATE OF LIABILITY INSURANCE DATE (MMMDmYY) 07/23/18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GARY HATCHETT INSURANCE 3323 82nd St Lubbock, TX 79423 TORTACT NAME PHONE. FAX A/NCt.No Et (806) 793-2421 wc.No (B06) 793-9220 AIL ADDRESS INSURERS) AFFORDING COVERAGE NAICY INSURER A Farmers Insurance Exchange INSURED Fanning, Fanning & Associates, Inc INSURER Truck Insurance Exchange INSURER C 2555 74th St INSURER INSURER E Lubbock, TX 79423 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR TYPE OF INSURANCE IIMSR WVo POLICY NUMBER lv-DD/YYYY MMIDONCY YYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 069138647 08/16/18 C8/16/19 EACH OCCURRENCE $ 1 O00 O0O PREMISES Ea occurrence)—$ 100 000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 nPRODUCTS GEN'L AGGREGATE LIMIT APPLIES PER X POLICY PRO-LOC JECT - COMPlOP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS x AUTOS X HIRED AUTOS 7{ AUTOS NON -OWNED AUTOS 069138646 08/16/18 08/16/19 COMBINED SINGLE Ea accident LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ P Per accident $ $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ s A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY DROPRIETOWDARTNER/EXECVTIVE Yr�l OFFICER MEMBER EXCLUDED? (Mandatary in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A N23074716 08/16 18 / 08 16 / J19 I WC STATU- OTH- T RY IT E E.L. EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (Attach ACORD 101. Additional Remarks Schedule, it more space is required) City of Lubbock PO Box 2000 Room 106 Lukbbock, TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION All rights reserved ACORD25(2010105) The ACORD name and logo are registered marks of ACORD ACOROa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 7/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLau hlin Brunson A Risk -Strategies Company CONTACT NAME: Joe Bryant PHCONNo Ext: 214 503-1212 (A/C No: 214 503-8899 E-MAIL ADDRESS: certificate mclau hlinbrunson.com 12801 N CENTRAL EXPY, STE 1710 Dallas, TX 75243 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Berkley Insurance Company 32603 INSURED Fanningg Fanning & Associates, Inc. 2555 74th Street INSURER B : INSURER C : INSURER D : Lubbock TX 79423 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 43279493 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR . TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DO)" POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE IJ OCCUR DAMAGE TO RENTED PREMISESEa occu snce $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO LOC JECT PRODUCTS -COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Es accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED BODILY INJURY (Peraccident)I $ AUTOS ONLY AUTOS PROPERTY DAMAGE Is HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I S A Professional Liability AEC-9017437-03 11/1/2017 11/1/2018 Per Claim/Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation in favor of certificate holder on all policies. A waiver of subrogation is shown in favor of the certificate holder on all policies as required by contract. RE: Job 17055 L:tK I H-IL:A I t NULUtK City of Lubbock PO Box 2000, Room 106 Lubbock TX 79457 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Joe Bryant ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 43279493 1 17/18 PL I Joy Carlson 1 7/24/2018 10:42:12 AM (EDT) I Page 1 of 1 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 14079 is entered into this 9 h day of August, 2018, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Fanning, Fanning & Associates, Inc. (the "Engineer"), a Texas corporation. WITNESSETH WHEREAS, the City desires to contract with the Engineer to provide mechanical, electrical, plumbing engineering professional services for Public Safety Improvement Project, Evidence Warehouse / Crime Lab (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 540 days. If the Engineer determines that additional time is required to complete the Services, the City Facilities Director may, but is not obligated to, in his discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed Ninety Nine Thousand Two Hundred Seventy Three and no/100 Dollars ($99,273.00), as set forth in Exhibit "A". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all fonns of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 10 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or Page 3 of 10 regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of the Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 10 The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of the Engineer, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub - consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Fanning, Fanning & Associates, Inc. Scott M. Fanning, P.E. — President 2555 74" Street Lubbock, Texas 79423 Telephone: 806.745.2533 Facsimile: 806.745.3596 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Wes Everett Director Facilities Management P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806.775.2275 Facsimile: 806.775.3267 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall fumish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. Page 7 of 10 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF -TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibit "A" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. Page 8 of 10 K. Documents Owned by the City. Any and all documents, drawings and specifications prepared by the Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Engineer does not boycott Israel; and (2) The Engineer will not boycott Israel during the term of the Agreement. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK DANIEL M. POPE, MAYOR ATTEST: CQ14'e—�� "., — Rebkca Garza, City retary APPROVED AS TO CONTENT: Wesley . Everet , Director of Facilities Management ROVED AS TO FORM: elli Leisure, Assistant City Attorney Firm FANNING, FANNING & ASSOCIATES, INC. 1 By: *0 �Y// Scott"- '. Fanning, P.E., President Page 10 of 10 EXHIBIT `W' Fanning, Fanning 8,-- Associates, inc. CONSULTING ENGINEERS F_294 2555 74th Street. Lubbock, Texas 79423 (806)745-2533 http lrFann,ngFammng com July 18, 2018 Darren Densford AIA Architect/Senior Construction Project Manager City of Lubbock Facilities Management P.O. Box 2000 11625 13th Street, L08 Lubbock, Texas 79457 Subject: City of Lubbock PD Evidence Warehouse / Crime Lab Engineering Fee Proposal Dear Darren: We are pleased to offer Engineering Services for the subject project. Our understanding is that the project scope includes design and construction documents for the subject project. Our fee was calculated according to the attached spreadsheet, which also shows a proposed schedule of payment by phase. We are including design charette, and submittals with review for each major phase of the project schematic, design development and construction documents phase. We include attendance at monthly construction meetings during the construction phase, along with submittal review, monthly inspections, and a final inspection punch list. We base the CA phase activities on a construction duration of 12 months. We exclude Civil Engineering, Structural Engineering, Architecture and Reproduction. We exclude composition of the construction contract front-end documents. We propose that the fee for the scope described be a fixed sum of $99,273. Additional services outside the scope described in the Statement of Work and the Fee Calculation Spreadsheet (and only as authorized in advance by the City of Lubbock) will be billed at an hourly rate in accordance with the attached hourly rate schedule. We appreciate the opportunity to be of service to the City of Lubbock. Sincerely, Fanning, Fanning and Associates, Inc. Accepted by: c Scott M. Fanning, PE Darren Densford AIA Secretary/Treasurer Architect/Senior Construction Project Manager City of Lubbock Attachment: HR17 Hourly Rate Schedule; Fee Calculation Spreadsheet City of Lubbock Evidence Storage Warehouse and Crime Lab Construction Budget Worksheet / Fee Proposal 7/18/2018 Total Construction budget Area of Crime Lab Area of Evidence Warehouse Area of Offices Total Building Area MPE Fee Percentage Applied MPE Fee Proposed - Lump Sum Payment Schedule Project Phase Schematic Design Development Contract Documents Bidding Construction Admin $ 4,000,000 Area 4,089 sf $ 19,325 sf $ 1,586 sf $ 25,000 sf $ % Complete 15% 20% 40% 5% 20% Cost SF Amount 300 per sf 129 per sf 180 per sf 160 / sf avg. $ 14,891 $ 19,855 $ 39,709 $ 4,964 $ 19,855 Totals 100% $ 99,273 Total Const Cost % MPE MPE Const Cost $ 1,226,700 45% $ 552,015 $ 2,487,820 27% $ 671,711 $ 285,480 35% $ 99,918 $ 4,000,000 33.09% $ 1,323,644 7.50% $ 99,273 7.50% $ 99,273 Fanning, Fanning c�L Associates, inc. CONSULTING ENGINEERS F-294 2555 74th Street, Lubbock. Texas 79423 (806)745-2533 http OFanning Fanning com SCHEDULE OF COMPENSATION BASIC ENGINEERING SERVICES FOR MECHANICAL, PLUMBING, ELECTRICAL AND FIRE PROTECTION HR13 - HOURLY RATE SCHEDULE: PRINCIPALS (P) $ 175.00 ENGINEERS - LICENSED (R) $ 150.00 ENGINEERS - GRADUATE (G) $ 100.00 DESIGNER (S) $ 75.00 TECHNICAL SUPPORT (T) $ 70.00 CAD OPERATOR (C) $ 70.00 PER DIEM RATES: LODGING MEALS TAXUCAR RENTAL COMMERCIAL AIRLINE PRIVATE AUTOMOBILE ACTUAL COST ACTUAL COST ACTUAL COST ACTUAL COST IRS STANDARD/MILE REIMBURSABLES: PRINTING OF SPECS. PRINTING OF SPEC. COVERS BINDING OF SPECS. PRINTING OF BLUELINES PRINTING OF MYLAR SUBCONTRACT EXPENSE POSTAGE/DELIVERY CHARGE $ .15 PER SHEET $ 2.00 PER SET $ 2.00 PER SET $ .40 PER SQ.FT. $ 1.00 PER SQ.FT. ACTUAL COST ACTUAL COST