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HomeMy WebLinkAboutResolution - 4263 - Agreement - Fanning Fanning & Associates - Municipal Coliseum HVAC - 09_23_1993Resolution No. 4263 September 23, 1993 Item #27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Engineering Services Agreement by and between the City of Lubbock and Fanning and Fanning & Associates, Inc., for a Municipal Coliseum HVAC (Cooling) System, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of Council shall constitute and be a part of this Resolution as if ful copied rein in detail. Passed by the City Council{ th ATTEST: I C�OL etty o ns ,ty ecretary APPROVED CONTENT: an c ay, irecto ivi nter • ROVED AS TO FORM: \ ., G. an fiver, it ssis City Attorney DGV:dw/agenda-D1/Fanning.res September 13, 1993 day of`f' Septe� , 1993. Lq . Lrll\YJ 1 Will Resolution No. 4263 September 23, 1993 Item #27 ENGINEERING SERVICES AGREEMENT This Agreement is made this the 23rd day of September , 1993 r' BETWEEN The City of Lubbock, Texas, the Owner, and Fanning and Fanning & Associates Inc., the Engineer. A. SCOPE OF THE WORK Provide professional services to prepare plans and specifications, assist in receiving bids and provide the administration of construction contracts for the following project: Municipal Coliseum HVAC (Cooling) System B. BASIC SERVICES The Engineer shall provide professional services as follows: 1. Consult with the Owner to ascertain the requirements of the Project and confirm such requirements to the Owner. 2. During the Preliminary Design Phase, Engineer shall furnish a representative to provide technical support to Owner during negotiations between the City of Lubbock and Texas Tech University concerning chilled water supply and return interconnection between the Texas Tech Campus utilities and the Municipal Coliseum. 3. Prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and the relationship of project components for approval of the Owner and submit to the Owner a statement of probable construction cost. 4. Prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to materials, structure, mechanical and electrical systems and such other essentials as may be appropriate and submit to the Owner a further Statement of Probable Construction Costs. 5. The Prel.iminary Design Phase will be completed and the Engineer's Final Design Phase documentation and opinion of costs submitted within 90 calendar days following written authorization from Owner to Engineer to proceed with that phase of services. 6. Engineer will make every effort to provide a cost effective design that gives a maximum amount of flexibility should it be determined that the existing Coliseum could be expanded in the future. 7. Prepare from the approved Design Development Documents, for approval by Owner, Working Drawings and Specifications, including detailed plans and specifications for trench safety systems as required by Vernon's Ann.Civ.Stat., Art. 2368a.6, and other applicable State and Federal laws. The Final Design Phase Services will be completed and contract documents submitted within 30 calendar days following written authorization to proceed from Owner to Engineer to proceed with that phase of services. Advise the Owner of any adjustments to the previous Statement of Probable Construction Cost caused by changes in the scope of the work or by general market conditions. 8. Following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, assist the Owner in obtaining bids and in awarding construction contracts. 9. Provide general administration of the Construction Contract and be the Owner's representative during construction and warranty period. Review contract submittal Data and advise and consult with the Owner concerning same. Issue the Owner's instructions to the Contractor. Make periodic visits to the site to maintain familiarity with the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with Contract Documents. 10. Based on observations at the site and on the Contractor's applications for payment, determine the amount owed to the Contractor and approve Certificates for Payment in these amounts, subject to the conditions of the Contract Documents. 11. Furnish copies of Schematic Design Studies, Design Development drawings Contract Documents in quantities as required by the Owner. 12. Furnish two (2) complete sets of "As Built" Working Drawings reproduced, and one(1) set of reproducible four (4) mil photographic process black line Mylar film prints showing significant changes made during construction process. 13. Provide design compliance with Senate Bill No. 111, Article 678, Chapter 324, Vernon's Civil Statutes, as amended and with any and all federal government handicapped requirements. ENGINEERING SERVICES AGREEMENT - Page 2 C. a 14. During the Operational Phase, Engineer shall, when requested by Owner: a) Provide assistance in connection with the refining and adjusting of any equipment or system. b) Coordinate training by Contractor and Equipment Supplier for Owner's Operating Staff and obtain Operating and Maintenance Manuals from Contractor(s). c) In company with Owner, visit the Project to observe any apparent defects in the completed construction, assist Owner in consultations and discussions with Contractor(s) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defective work. THE OWNER'S RESPONSIBILITIES 1. The Owner may furnish such structural, mechanical, electrical, chemical and other laboratory test, inspections and reports as he may deem necessary. A complete survey for the site and utilities serving it, soil analysis and a program of the work, outlining in detail the space requirements and their general relationship will be provided as required by the Project. 2. The Owner may furnish such legal, accounting and insurance counseling services as he may deem necessary of the Project and auditing services as he may require to ascertain how or for what purposes the Contractor has used the monies paid him under the Construction Contact. 3. When continuous field supervision of construction is deemed necessary by the Owner, in addition to the Engineer's basic services, the Owner shall bear the cost of such supervisory personnel. This personnel must be mutually acceptable to the Owner and the Engineer. 4. The Owner will pay the cost of reproducing copies of all required submittals and "As Built" documents. 5. The Owner will advise Engineer in writing as to budgetary limitations for Total Construction Costs. This will be done after Owner issues the Notice to Proceed to Engineer. Engineer will endeavor to work within those limitations. THE ENGINEER'S RESPONSIBILITIES The Engineer shall not be responsible for the acts or omission of any contractor, subcontractor, supplier or the agent or employee of any contractor, subcontractor or supplies in the performance of the ENGINEERING SERVICES AGREEMENT - Page 3 Agreement; however, nothing herein shall be construed to release Engineer from liability for failure to properly perform the duties and responsibilities assumed by the Engineer pursuant to this Agreement. E. COMPENSATION AND PAYMENT The Owner agrees to pay the Engineer as compensation for the basic services a fee based on one of the following options: 1. Option A: In the event negotiations with Texas Tech are successful to tie into their chilled water supply, Owner agrees to pay the Engineer a lump sum of $91,000 for basic services. Option B: In the event negotiations with Texas Tech fail and alternate sources for chilled water are required, Owner agrees to pay the Engineer a lump sum of $98,700 for basic services. 2. Payments for basic services may be made monthly in proportion to the service actually performed, but not to exceed the percentages specified at the completion of each phase of work as follows: Preliminary Design Phase 15% Final Design Development Phase 20% Construction Documents Phase 40% Bidding or Negotiation Phase 5% Construction Phase 20% F. ADDITIONAL SERVICES Services not included under the Basic Service article of this Agreement shall be considered Additional Service. Such Additional Services and related expenses shall be as mutually agreed upon in writing by the Owner and Engineer prior to the beginning of any work. Compensation for Additional Services shall be based on the following hourly rate schedule: Engineer - Principal $60.00 Engineer - Registered $50.00 ENGINEERING SERVICES AGREEMENT - Page 4 Engineer - Graduate $40.00 Designer - Senior Level $30.00 Support Personnel $20.00 Computer Graphics Terminal $20.00 2. The cost of preparing change orders due to the Engineer's error or omission shall be the responsibility of the Engineer. G. CONSULTANTS It is contemplated that during the process of the work to be performed under the Agreement, both parties may wish to retain consultants at their own expense. It is specifically understood and agreed that any consultant retained by the Engineer shall be and Engineer's expense; however, the Owner reserves the right to approve such consultants and the conditions of their employment. It is further understood that the Owner may retain consultants and that the expense for the same shall be borne by the Owner. H. CONTINUING SERVICES Following completion of any phase of the work, the Owner may elect to continue, delay, abandon or revise the work. The payment for services accordingly will be as mutually agreed. I. NONDISCRIMINATION IN EMPLOYMENT There shall be no discrimination against any employee or applicant for employment because of race, religion, color, national origin, age, handicap or sex. J. INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Agreement, 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 on one (1) certificate of insurance, executed by the insurer, listing the coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business, in Texas or meets the surplus lines requirement 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 the Agreement. 1. Professional Liability Insurance (including errors and omissions) with minimum limits of $500,000 per claim. ENGINEERING SERVICES AGREEMENT - Page 5 2. General Liability Coverage with a minimum of $500,000 per claim. 3. Comprehensive Automobile Liability Insurance. The Engineer shall have comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -Ownership Liability Hired and Non -Owned vehicles 4. 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. Engineer shall furnish Owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to Owner. K. ACCOUNTING PROCESS Records of the Engineer's direct personnel expenses and records of accounts of reimbursable expenses for which reimbursement is requested shall be kept on a generally recognized accounting basis and shall be available to the owner. Said records shall be preserved for a period of three years after final payment. L. TERMINATION OF AGREEMENT This Agreement may be terminated by either party on thirty (30) days written notice to the other party for failure or refusal to perform in accordance with the terms and conditions of this Agreement. Such termination shall be made by the Owner, giving written notice directed as follows: Fanning, Fanning & Associates, Inc. Consulting Engineers 2555 74th Street Lubbock, Texas 79423 ENGINEERING SERVICES AGREEMENT - Page 6 HT1 N. a P. likewise, termination by the Engineer shall be accomplished by directing written notice to: Civic Centers Director Lubbock Memorial Civic Center 1501 6th Street Lubbock, Texas 79401 In the event of termination, the Engineer shall be paid his compensation for services performed to termination date based upon completion of services performed to termination date, and based upon completion of work through any phase under the fee basis as applicable, or on a direct personnel expense basis as mutually agreed. Copies of drawings, specifications or any other materials to date of termination will be furnished to the Owner on date of termination. OWNERSHIP OF DOCUMENTS Original Drawings and Specifications are instruments of service are, and shall remain, the property of the Engineer whether the project for which they are made is executed or not. The Owner shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications may be used by the Owner on other projects, for additions to this project, or for completion of this project by others at no additional charge to Owner. SUCCESSORS AND ASSIGNS The Owner hereby binds itself, its successors, assigns and legal representatives to the Engineer in respect to all stipulations, terms and covenants of this Agreement; and likewise, the Engineer hereby binds himself, his successors, assigns and legal representatives to the Owner, in respect to all stipulations, terms and covenants of this Agreement. ASSIGNMENT Neither the Owner nor the Engineer shall assign, sublet or in any manner transfer it or their respective interest in this Agreement to any other person, individual, firm, corporation or other interest without prior written consent of the other respective party. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Engineer and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and the Engineer. ENGINEERING SERVICES AGREEMENT - Page 7 Q. APPLICABLE LAW This Agreement shall be considered to be performed in Lubbock County, Texas. R. DESIGNATION OF REPRESENTATIVE Owner hereby designates the City Manager of the City of Lubbock or the person designated as his representative, as its duly authorized and designated representative to act for and on behalf of Owner. S. ARBITRATION All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; on named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each arbiter shall be resident of the City of Lubbock. Should either party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas. The decision of the arbiters upon any question submitted to arbitration under this contract shall be condition precedent to any right of legal action. The arbiters are authorized toward the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and may assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. T. SPECIAL PROVISIONS Special provisions applicable to this Agreement, if any, are as follows: ENGINEERING SERVICES AGREEMENT - Page 8 THIS AGREEMENT executed the day and year first written above. ATTEST: /&V"— M C��OF" Betty M. Jo nson, Vity Secretary APPROVED AS TO CONTENT: Van McVay, DirecU*.--4f-'.Civik Center APPROVED AS TO FORM: 1 a an iver, first Assis ant City Attorney DGV:da/I-D10/ENGAGMT.doc September 3, 1993 ENGINEER FMAAs-, t'At-WAG Anon R95CC • 04c . Firm ENGINEERING SERVICES AGREEMENT - Page 9