Loading...
HomeMy WebLinkAboutResolution - 3398 - Contract - Fanning Fanning & Associates Inc - HVAC Renovation, Municipal Square - 06/14/1990 (2)Resolution #3398 June 14, 1990 Item #31 HW:js 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. - 2 - � 33 F O 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. - 2 - 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 - 2 - 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 - 3 - 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) - 4 - 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. - 5 - 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 - 7 - 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. - 8 - 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 - 10