HomeMy WebLinkAboutResolution - 3398 - Contract - Fanning Fanning & Associates Inc - HVAC Renovation, Municipal Square - 06/14/1990 (2)Resolution #3398
June 14, 1990
Item #31
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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 by
and between the City of Lubbock and Fanning, Fanning & Associates, Inc.,
for development of plans and specifications for HVAC renovation at Municipal
Square, attached herewith, which shall be spread upon the minutes of the Coun-
cil 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 1.4th day of
ATTEST:
affette Boyd, City seirretary
APPROVED AS TO CONTENT:
s, Purcnasing manager
APPROVED AS TO FORM:
aro Wi ar Assistant City
Attorney
June
B. C. MCMIN , MAYOR
1990,
ATTACHMENT A
TO
CONTRACT FOR ENGINEERING SERVICES
OWNER: City of Lubbock, Texas
PROJECT: Engineering services required to develop plans and
specifications for H.V.A.C. renovations at Municipal
Square, 916 Texas Avenue.
A DESCRIPTION OF SCOPE OF SERVICES
The scope of services for the renovation of the heating ventilating
and air conditioning system project is as follows. Work will not
proceed until Owner has authorized Engineer in writing to proceed.
1.
To
hold a preliminary design conference.
2.
To
conduct a site survey of the existing conditions.
3.
To
complete the site survey report.
4.
To
complete the preliminary request for proposal prepara-
tion & evaluation of the number of contracts required.
5.
To
hold a design development conference with the Owner.
6.
To
prepare 100% of the construction documents.
7.
To
review the construction documents with the owner.
8.
To
attend the prebid conference.
9.
To
evaluate the response received from the responding
bidders.
10.
To
forumulate the recommendations for the City staff.
11.
To
attend the preconstruction conference.
12.
To
conduct project onsite inspections.
13.
To
conduct project final inspection.
14.
To
review contractors final submittal documents.
15. To approve contractors pay request.
16. To furnish the Owner with 1 set of reproducible drawings
of the project "as -built" that will become the sole prop-
erty of the owner.
17. To conduct a final inspection and provide a punch list of
incompieted construction work.
18. To provide the owner with documentation that all punch
list items are completed.
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ATTACHMENT B
TO
OWNER: City of Lubbock, Texas
PROJECT: Engineering services required to develop
specifications for H.V.A.C. renovations
Square, 916 Texas Avenue.
COMPENSATION
plans and
at Municipal
For the services covered by this Contract, the Owner agrees to pay
the Engineer as follows:
A. For a fixed fee of $39,766.00 with payments scheduled as
follows:
Completion of site survey report .............. 20%
Completion of final construction
documents ......... ....... ................ 75%
Completion of evaluation of bids .............. 80%
Completion of "as built" plans and
punch list ................................. 100%
B. For supplemental services, an hourly fee for Engineer's
personnel as listed in paragraph E plus reimbursable
expenses and subcontract billing at the cost of Engineer.
Each item of supplemental services shall be established
before the work is started. The amount billed for
each item of supplemental services shall not exceed
the amount established for it without further authoriza-
tion. Additional amounts for supplemental services may
be authorized, if necessary, as the work progresses.
C. Hourly fees listed herein for Engineer's personnel
services will apply until January 1, 1990 and shall be
changed annually on January 1st for the upcoming twelve
(12) month period.
CLASSIFICATION
Engineer - Principal
Engineer - Registered
Engineer - Graduate
Designer - Senior Level
Support Personnel
Computer Terminal
HOURLY BILLING
RATE RANGE
$60.00/hour
$50.00/hour
$40.00/hour
$30.00/hour
$20.00/hour
$15.00/hour
D. The following expenses are reimbursable:
1. Travel, subsistence, and incidental costs.
2. Telegraph costs, long distance telephone costs and
project "on -site" telephone costs.
3. Postage and shipping charges for project -related
materials.
4. Charges of special consultants requested or
authorized by the Owner.
5. special insurance coverage required by the Owner,
including the cost of naming the Owner as an
additional insured.
E. The Engineer agrees to use its best efforts to perform
the services as defined in Attachment A within the
billing limits stated above.
F. Monthly payments shall be made to the Engineer by the
Owner based on the Engineer's statement. For hourly fee
items, the statement shall be itemized to indicate the
amount of work performed and the associated reimbursable
expenses and subcontract costs.
G. The uncontested amount of each statement shall be due and
payable upon receipt by the Owner. Carrying charges of
one-half percent ( 1/2%) per month from the billing
date, shall be due for accounts which are not paid within
sixty (60) days after the billing date.
H. That the Engineer shall start the performance of the
services within ten (10) days or receipt of notice to
proceed.
I. That the Engineer shall keep records on the basis of
generally accepted accounting practice of costs and
expenses and which records shall be available to
inspection at reasonable times.
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R^-3 r 6 D
ATTACHMENT C
TO
CONTRACT FOR ENGINEERING SERVICES
OWNER: City of Lubbock, Texas
PROJECT: Engineering services required to develop plans and
specifications for H.V.A.C. renovations at Municipal
Square, 916 Texas Avenue.
OWNER'S RESPONSIBILITIES
The Owner will furnish, as required by the work and not at the
expense of the Engineer, the following items:
1. All maps, drawings, reports, records, audits, annual re-
ports, and other data that are available in the files of
the Owner and which may be useful in the work involved
under this Contract.
2. Access to public and private property when required in
performance of the Engineer's services.
3. The services of at least one of the Owner's employees or
staff who has the right of entry to, and who has knowl-
edge of, the existing facilities to aid Engineer in the
conduct of field reviews of existing facilities.
4. Property, boundary, easement, right-of-way, and utility
surveys and property descriptions.
5. Legal and financial consulting services related to the
project.
6. Timely review of project memorandums and draft reports.
Owner will review documents and submit comments to
Engineer within five (5) working days for project mem-
orandums, and within ten (10) working days for draft
reports.
AGREEMENT
FOR
;BRING SERVICES
THIS AGREEMENT, between the CITY OF LUBBOCK, TEXAS (hereinafter
referred to as Owner), and FANNING, FANNING & ASSOCIATES, INC.,
with principal offices at 2555 74th Street, Lubbock, Texas 79423
(hereinafter referred to as Engineer).
WITNESSETH:
WHEREAS, Owner intends to renovate the heat ventilating and the air
conditioning system at the Municipal Square, 916 Texas, Lubbock,
Texas.
WHEREAS, Owner requires certain professional services in connection
with the Project (hereinafter referred to as Services); and,
WHEREAS, Engineer is prepared to provide such Services;
WHEREAS, in consideration of the promises contained herein, the
parties hereto agree as follows:
ARTICLE 1
EFFECTIVE DATE
The effective date of this Agreement shall be June 15, 1990.
ARTICLE 2
SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform the Services described in Attachment A,
Scope of Services, which is attached hereto and incorporated by
reference as part of this Agreement; and as described in Engineer's
proposal dated April 24, 1990 and the Owner's Request for Proposal
RFP #10486, all of which are incorporated by reference as part of
the Agreement.
ARTICLE 3
COMPENSATION
Owner shall pay Engineer in accordance with Attachment B, Compensa-
tion, which is attached hereto and incorporated by reference as
part of this Agreement.
ARTICLE 4
STANDARD OF CARE
Engineer shall exercise the same degree of care, skill, and dili-
gence in the performance of the Services as is ordinarily provided
by a professional engineer under similar circumstances and Engineer
shall, at no cost to Owner, re -perform services which fail to sat-
isfy the foregoing standard of care.
ARTICLE 5
LIMITATIONS OF RESPONSIBILITY
Engineer shall not be responsible for actual construction means,
methods, techniques, sequences, procedures, or safety precautions
and programs used in connection with the Project by construction
contractor. Engineer shall assist the Owner in the administering
of its construction contracts with any contractor, subcontractor,
vendor, or other project participant in order to fulfill contrac-
tual or other responsibilities to the Owner or to comply with
Federal, State, or local laws, ordinances, regulations, rules,
codes, orders, criteria, or standards.
ARTICLE 6
OPINIONS OF CONSTRUCTION COST AND CONSTRUCTION SCHEDULE
since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over contractors',
subcontractors' or vendors' methods of determining prices, or over
competitive bidding or market conditions, Engineer's cost estimates
shall be made on the basis of qualification and experience as a
professional engineer.
Since Engineer has no control over the resources provided by others
to meet contract schedules, Engineer's forecast schedules shall be
made on the basis of qualification and experience as a professional
engineer. Engineer cannot and does not guarantee that proposals,
bids or actual project costs will not vary from his cost estimates
or that actual schedules will not vary from his forecast schedules.
ARTICLE 7
LIABILITY AND INDEMNIFICATION
7.1 General. Having considered the risks and potential liabili-
ties that may exist during the performance of the Services and in
consideration of the promises included herein, Owner and Engineer
agree to allocate such liabilities in accordance with this
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Article 7. Words and phrases used in this Article shall be inter-
preted in accordance with customary insurance industry usage and
practice.
7.2 Indemnification. Engineer agrees to defend, indemnify, and
hold Owner whole and harmless against all claims for damages,
costs, and expenses of persons or property that may solely arise
out of, or be occasioned by, or from any negligent act, error, or
omission of Engineer, or any agent, servant, or employee of Engi-
neer in the execution or performance of this Contract.
7.3 Defense of Claims. In the event an action for damages is
filed in which negligence is alleged on the part of Owner and Engi-
neer, Engineer agrees to defend Owner. In the event Owner accepts
Engineer's defense, Owner agrees to indemnify and reimburse Engi-
neer on a pro rata basis for all expenses of defense. Owner also
agrees to indemnify and reimburse Engineer on a pro rata basis for
any judgment or amount paid by Engineer in resolution of such
claim. Such pro rats share shall be based upon a final judicial
determination of negligence or, in the absence of such determina-
tion, by mutual agreement.
7.4 Employee Claims. Engineer shall indemnify Owner against legal
liability for damages arising out of claims by Engineer's employ-
ees. Owner shall indemnify Engineer against legal liability for
damages arising out of claims by Owner's employees.
7.5 Limitations of Liability. To the fullest extent permitted by
law, Engineer's total liability to Owner for any and all injuries,
claims, losses, expenses or damages arising out of or in any way
related to the Project or this Agreement from any cause or causes
including but not limited to Engineer's negligence, errors, omis-
sions, strict liability, breach of contract or breach of warranty
shall not exceed the minimum amounts required by Article 10 of this
Agreement.
7.6 Other Project Indemnities. Indemnity provisions shall be in-
corporated into all Project contractual arrangements entered into
by Owner and shall protect Owner and Engineer to the same extent.
7.7 Survival. Upon completion of all services, obligations and
duties provided for in this Agreement, or in the event of termina-
tion of this Agreement for any reason, the terms and conditions of
this Article shall survive.
ARTICLE 8
INDEPENDENT CONTRACTOR
Engineer undertakes performance of the Services as an independent
contractor and shall be wholly responsible for the methods of its
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own performance and that of its subcontractors, agents and employ-
ees. Owner shall have no right to supervise the methods used but
Owner shall have the right to observe such performance. Engineer
shall work closely with Owner in performing Services under this
Agreement.
ARTICLE 9
COMPLIANCE WITH LAWS
In performance of the Services, Engineer will comply with applica-
ble regulatory requirements including Federal, State, and local
laws, rules, regulations, orders, codes, criteria and standards.
Engineer shall possess the licenses necessary to allow Engineer to
perform the Engineering Services. Engineer shall not be responsi-
ble for procuring permits, certificates, and licenses required for
any construction unless such responsibilities are specifically as-
signed to Engineer in Attachment A, Scope of Services.
ARTICLE 10
INSURANCE
Prior to the time Engineer is entitled to commence any part of the
services under this Contract, Engineer shall procure, pay for, and
maintain the following insurance written by companies licensed in
the State of Texas or meeting surplus lines requirements of Texas
law and acceptable to Owner. The insurance shall be evidence by
delivery to Owner of twelve (12) certificates of insurance, exe-
cuted by the insurer, listing coverage and limits, expiration date
and term of policy, and certifying that the insurer is licenses to
do business in Texas or meets the surplus lines requirements of
Texas law, or (2) a certified copy of each policy, including all
endorsements. The insurance requirements shall remain in effect
throughout the term of this Contract.
A. Comprehensive General Liability Insurance.
The Engineer shall have Comprehensive General Liability
Insurance with limits of $300,000 Bodily Injury and
$300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion and Collapse Hazard
Underground Damage Hazard
Products and Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
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The Owner is to be named as an additional insured on this
policy for this special job, and a copy of the endorse-
ment doing so is to be attached to the Certificate of
Insurance.
B. Comprehensive Automobile Liability Insurance.
The Engineer shall have Comprehensive Automobile Liabil-
ity Insurance with limits of not less than:
Bodily Injury $250,000/$500,000
Property Damage $100,000
to include all owned and non -owned cars including
Employers Non -ownership Liability
Hired and Non -owned vehicles
The Owner is to be named as an additional insured on this
policy for this specific job and a copy of the endorse-
ment doing so is to be attached to the Certificate of
Insurance.
C. Worker's Compensation and Employer's Liability Insurance.
As required by State statute covering all employees
whether employed by the Engineer or any Subcontractor on
the job with Employer's Liability of at least $100,000
limit.
D. Professional Liability Insurance (including errors and
omissions) with minimum limits of $1,000,000 per claim.
Engineer shall furnish owner Certificates of Insurance
which shall include a provision that such insurance shall
not be cancelled without at least thirty (30) days writ-
ten notice to Owner.
ARTICLE 11
Owner shall be responsible for all matters described in Attachment
C, Owner's Responsibilities, which is attached hereto and incorpo-
rated by reference as part of this Agreement.
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ARTICLE 12
REUSE OF DOCUMENTS
All documents, including drawings, specifications, and computer
software, prepared by Engineer pursuant to this Agreement are in-
struments of service in respect to this Project. They are not
intended or represented to be suitable for reuse by Owner or others
on extensions of this Project or on any other project. Any reuse
without written verification or adaptation by Engineer for the spe-
cific purpose intended will be at Owner's sole risk and without
liability or legal exposure to Engineer.
ARTICLE 13
r TERMINATION, AND STOP ORDERS
This Contract may be altered or amended only by mutual written con-
sent and may be terminated by the Owner at any time by written
notice to the Engineer. Upon receipt of such notice, the Engineer
shall, unless the notice directs otherwise, immediately discontinue
all work in connection with the performance of this Contract and
shall proceed to cancel promptly all existing orders insofar as
such orders are chargeable to this Contract. The Engineer shall
submit a statement showing in detail the work performed under this
Contract to the date of termination. The owner shall then pay the
Engineer promptly that proportion of the prescribed fee which ap-
plies to the work actually performed under this Contract, less all
payments that have been previously made. Thereupon, copies of all
completed work accomplished under this Contract shall be delivered
to the Owner.
The Owner may issue a Stop Work Order to the Engineer at any time.
Upon receipt of such Order, the Engineer is to discontinue all work
under this Contract and cancel all orders pursuant to the Contract,
unless the Order otherwise directs. If the Owner does not issue a
Restart Order within sixty (60) days after receipt by the Engineer
of the Stop Work Order, the Engineer shall regard this Contract
terminated in accordance with the foregoing provisions.
ARTICLE 14
NONDISCLOSURE OF PROPRIETARY INFORMATION
Engineer shall consider all information provided by Owner to be
proprietary unless such information is available from public
sources. Engineer shall not publish or disclose proprietary infor-
mation for any purpose other than the performance of the services
without the prior written authorization of Owner or in response to
legal process.
ARTICLE 15
NOTICE
Any notice, demand, or request required by or made pursuant to this
Agreement shall be deemed properly made if personally delivered in
writing or deposited in the United States mail, postage prepaid, to
the address specified below:
To Engineer: FANNING, FANNING & ASSOCIATES, INC.
2555 74th Street
Lubbock, Texas 79423
To Owner: City of Lubbock
City Manager's Office
1625 13th Street, Room 201
Lubbock, Texas 79401
ATTN: Jerry Smith
Director of Building Services
Nothing contained in this Article shall be construed to restrict
the transmission of routine communications between representative
of Engineer and Owner.
ARTICLE 16
UNCONTROLLABLE FORCES
Neither Owner nor Engineer shall be considered to be in default of
this Agreement if delays in or failure of performance shall be due
to uncontrollable forces the effect of which, by the exercise of
reasonable diligence, the nonperforming party could not avoid. The
term "uncontrollable forces" shall mean any event which results in
the prevention or delay of performance by a party of its obliga-
tions under this Agreement and which is beyond the control of the
nonperforming party. It includes, but is not limited to fire,
earthquakes, storms, lightning, epidemic, war, riot, civil dis-
turbance, sabotage, inability to procure permits, licenses, or
authorizations from any state, local, or federal agency or person
for any of the supplies, materials, accesses, or services required
to be provided by either Owner or Engineer under this Agreement,
strikes, work slowdowns or other labor disturbances, and judicial
restraint.
Neither party shall, however, be excused from performance if non-
performance is due to uncontrollable forces which are removable or
remediable and which the nonperforming party could have, with the
exercise of reasonable diligence, removed or remedied with rea-
sonable dispatch. The provisions of this Article shall not be
interpreted or construed to require Engineer or Owner to prevent,
settle, or otherwise avoid a strike, work slowdown, or other labor
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action. The nonperforming party shall, within a reasonable time of
being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the cir-
cumstances and uncontrollable forces preventing continued perfor-
mance of the obligations of this Agreement.
ARTICLE 17
GOVERNING LAN
This Agreement shall be governed by the laws
Any suit brought to enforce any provision of
construction of any provision thereof shall
County.
ARTICLE 18
MISCELLANEOUS
of the State of Texas.
this Agreement or for
be brought in Lubbock
18.1 Nonwaiver. A waiver by either Owner or Engineer of any
breach of this Agreement shall not be binding upon the waiving
party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights
with respect to any other or further breach.
18.2 Severability. The invalidity, illegality, or unenforceabil-
ity of any provision of this Agreement, or the occurrence of any
event rendering any portion or provision of this Agreement void,
shall in no way affect the validity or enforceability of any other
portion or provision of the Agreement. Any void provision shall be
deemed severed from the Agreement shall be construed and enforced
as if the Agreement did not contain the particular portion or pro-
vision held to be void. The parties further agree to reform the
Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken pro-
vision.
The provisions of this section shall not prevent the entire Agree-
ment from being void should a provision which is of the essence of
the Agreement be determined to be void.
ARTICLE 19
INTEGRATION AND MODIFICATION
This Agreement represents the entire and integrated agreement
between the Parties and supersedes all prior negotiations, repre-
sentations, or agreements, either written or oral. This Agreement
may be amended only by a written instrument signed by each of the
Parties.
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ARTICLE 20
SUCCESSORS AND ASSIGNS
Owner and Engineer each binds itself and its directors, officers,
partners, successors, executors, administrators, assigns and legal
representatives to the other part to this Agreement and to the
partners, successors, executors, administrators, assigns, and legal
representatives of such other party, in respect to all covenants,
agreements, and obligations of this Agreement.
ARTICLE 21
ASSIGNMENT
Neither Owner nor Engineer shall assign, sublet, or transfer any
rights under or interest in (including, but without limitation,
monies that may become or monies that are due) this Agreement with-
out the written consent of the other, except to the extent that
the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor
from any duty or responsibility under this Agreement. Nothing con-
tained in this paragraph shall prevent Engineer from employing such
independent consultants, associates, and subcontractors as he may
deem appropriate to assist him in the performance of the services
hereunder.
ARTICLE 22
SUBCONTRACTORS
No work herein called for by the Engineers shall be subcontracted
to a subcontractor who is not acceptable to the owner or assigned
without prior written approval of the Owner. The Engineer shall
require subcontracts to conform to the applicable terms of this
Contract and include provisions which require subcontractor compli-
ance with owner rules.
ARTICLE 23
THIRD PARTY RIGHTS
Nothing herein shall be construed to give any rights or benefits to
anyone other than Owner and Engineer.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF LUBBOCK FANNING, FANNING & ASSOCIATES,
INC.
BY C
B. C. Md1 NN, MAYOR
ATTEST: ATTEST:
Ra ette Boyd, Citf Secretary
APPROVED AS TO CONTENT:
az"' '. C �
Je y Smith, Director of
Building Services
APPROVED AS TO FORM:
P
nald G. Vandiver, Assistant
City Attorney
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