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HomeMy WebLinkAboutResolution - 2002-R0565 - Contract For Development Of Streetscape Master Plan For Overton Park - 12_19_2002Resolution No. 2002-RO565 December 19, 2002 Item No. 42 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 and associated documents with Humphreys & Partners Architects, L.P. for development of the Streetscape Master Plan Guidelines for Overton Park in the North Overton Tax Increment Financing Reinvestment Zone. Said contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 19th day of December , 2002. T. J. Paterson, Senior Council Member ATTEST: Re ecca Garza, City Secretary AP ED AS ONTENT: OE Craig faAer, Managing Director of Planning and Transportation APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section Lc: UATTY/Linda/RES-Humphreys Resolution No. 2002-RO565 December 19, 2002 Item No. 42 HUMPHREYS & PARTNERS ARCHITECTS, L.P. December 9, 2002 Mr. Rob Allison City of Lubbock P. O. Box 2000 Lubbock, TX 79457 Re: The Centre — Overton Development Landscape ArchitecturelPlanning Streetscape Master Plan Guidelines HPA # 02363 Dear Mr. Allison: Humphreys & Partners is excited about the Overton development and its possibilities. We will act as the overseer to the City of the Landscape Architecture/Planning and Streetscape Master Plan Guidelines as listed below. Through this effort by HPA, we will endeavor to direct the design process of the consultants and give input as we deem in the best interest of the development. Phase A • Consultant fees (under HPA's contract): Design/EDAW — $25,200 Documentation/PSC — $25,862 Coordination/HPA - 8,000 TOTAL $59,062 This part of the project is broken into two basic parts — Design and Documentation. The Design is by EDAW and HPA. The Documentation is by PSC and HPA, as outlined below: Exhibit "A" — EDAW's Scope of Services — EDAW will provide the overall design vision, design concepts, themeing, overall material selections, and street furniture. Exhibit "B" — PSC's Scope of Services — PSC will provide final design concept drawings/graphics and verbage to the City of Lubbock in an electronic format. The City of Lubbock will print in-house, at the City's cost, all Master Plan Guideline drafts and review copies, graphics, photos, and final edition. The city will provide HPA and its consultants a minimum of 3 copies of the final Guideline documents Phase B • Bid/Permitting Phase — Billed hourly in addition to base fee for responses to City comments or meetings with Owner, Contractor, or City officials. A deposit of Five Thousand Dollars ($5,000.00) is required to begin Phase A. See Addendum B, attached by reference as part of this contract for a summary of the payment schedule. Payments to the Architect shall be made monthly upon presentation of the Architect's statement of services and expenses and shall be in proportion to the percentage of work completed. Payments due the Architect and unpaid under this agreement shall 5350 ALPHA ROAD • DALLAS, TEXAS 75240 • (972) 701-9636 • (972) 701-9639 FAX www.humphreys.com • hpa@humphreys.com DALLAS • LAS VEGAS • ORLANDO PHOENIX • SAN JOSE • CHARLOTTE bear interest from the date payment is due at a rate of 1-1/2% per month, unless greater than the applicable legal rate in which case the applicable legal rate shall be charged. Late payments may require the Architect to stop progress on the Project until payments become timely. $250/Hour for CEO $205/Hour for President, Vice President & Design Director $145/Hour for Regional Director/Regional Design Manager $120/Hour for Construction Administrator $105/Hour for Sr. Project Mgr./Project Architect $105/Hour for Sr. Designers $90/1-Iour for Designers $85/Hour for Sr. Draftspersons $80/Hour for Interior Designers $65/Hour for Draftspersons $60/Hour for Jr. Technical Personnel $60/Hour for Administrative Personnel $20/Hour for CAD Equipment Time (this does not include personnel) For reimbursable expenses, the amount expended by the Architect will be billed pertaining to the Project as follows: A. Expense of transportation and living when traveling in connection with the Project, long distance calls, fax transmissions, and permit fees at a multiple of 1.15 times the amount expended. B. The expense of all reproductions including but not limited to, prints, photo copies, mylars, photo negatives, etc., as may be required in the normal preparation of documents, as well as CADD plots, postage, supplies, handling and delivery fees of all information between the Owner, the Architect, and various consultants or interested parties will not exceed Five Thousand Dollars ($5,000.00). The Owner shall indemnify the Architect should legal action result from any acts, errors, or omissions of the Owner. HPA will have professional Errors and Omissions Insurance of $1,000,000 CSL (Combined Single Loss). HPA shall have rights to right or remedy before any legal action. HPA will always act in the Owner's best interest in communicating with Building Authorities having jurisdiction over the project HPA will not be held liable for delays related to issuing permits. HPA will work to insure documents meet any local, State, or Federal Fair Housing or ADA issues to the best of our knowledge, ability, and control. Reference is made to Addendum A, attached as part of this contract for HPA standard provisions as attached. If the above items reflect your understanding of our agreement and are otherwise satisfactory, please sign and return by fax. Executed in triplicate and effective as of the 19th day of December 2002. CITY OF LUBBOCK D T. J. Paherson, Senior Councilmember S:\2002\02353XO23530vertonLandscape.doc 12/10/2002 Page 2 of 5 HUMPHREYS & PARTNERS ARCHITECTS, L.P. 1 II Mark Humphreys, AIA, CEO ATTEST: Reb cca Garza, City Secre ary APPROVED AS TO CONTENT: 6 -vv-- Craig Fa , , Director of Planning &'transportation Linda Chamales, Supervising Attorney S:120021023531023530vertonLandscape.doc 12/10/2002 Page 3 of 5 Resolution No. 2002-RO565 Addendum B Fee/Payment Schedule The Centre - Overton Development Landscape/Streetscape Master Plan and Guidelines HPA# 02353 Phase A Deposit: Phase A Consultant Fees (under HPA's contract): Phase B Bid/Permit Phase: Hourly Work: Reimbursables: Five Thousand Dollars ($5,000.) Fifty -Nine Thousand Sixty -Two Dollars ($59,062.) Hourly Refer to contract for hourly work on bid/permit phase Not to exceed Five Thousand Dollars (5,000.) Negotiations with contractors, meetings with any governmental authorities, and city comments during permitting billed hourly. • HPA will assist the Owner with consultant direction/coordination. • HPA will be paid on a monthly basis. S:12002102353W3530vertonLandsmpe.doc S 2/9/2002 Page 4 of 5 Resolution No. 2002=R0555 ADDENDUM A STANDARD PROVISIONS HUMPHREYS & PARTNERS ARCHITECTS, L.P. HPA #02353 The Architect shag perform the services outlined in this agreement for the stated fee arrangement. Access to Site: Unless otherwise stated. the Architect will have access to the site for activities necessary for the performance of the services. The Architect will take precautions to minimize damage due to these activities, but have not included in the fee the cost of restoration of any resulting damage. Fun Where the fee arrangement is to be on an hourly basis, the rates shall be those that are stated in the signed agreement between Humphreys and Partners Architects, L.P. and the applicable party(s). If no hourly rate is stated in the signed agreement, the fees will be as follows: $25Wrim for Chief Executive Officer $2051Hourfor President, dice President & Design Director $14W-lour Regional DirecWnRegiocal Design Manager $120t4our1or Construction Administralm $105Aiorrfor Sr. Project IMgdPmjed Architect $105Riouior Sr. Designers $90Mour for Designers Ww-bur for Interior Designers 885fHorrtar Sr. Dragsperaons 5651Hourfor Draftspersons $60A-lour for Jr. Technical Personnel M-lour for Administrative Personnel W-Iour for CAD Equipment Time (this does not include p e4 SHIIr lPavmonft invoices will be submitted on a monthly basis and, where applicable, shalt be in proportion to the services performed. Payments are due and payable 30 days from the date of the invoice. Amounts unpaid 31 days after the invoice date shalt bear interest at 18% per annum. There is a 30-day period for review of bills from the Architect, after which those amounts shall be considered good and no backup or disputing will be accepted. Payments Withheld: No deductions stall be Trade from the Architect's compensation on account of penny, liquidated damages or other suns withheld from payments to contractors, or on account of the cost of changes in the work otter than those for which the Architect has been found to be liable. If client for any reason fags to pay the undisputed portion of Architect's invoices within 30 days of presentation, Architect shag cease work on the project and Client shag waive any claim against Architect, and shag defend and indemnify Architect from and against any claims for injury or loss stemming from Architect`s cessation of service, to the extend permitted by law. Client shall also pay Architect the cost associated with premature project demobilization. In the event the project is remobilized, Client shall also pay the cost of rernobilization and shad renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule, or scope of services. In the event any izg or portion thereof is disputed by Client, Client shall notify Architect within ten days of receipt of big in question, and Client and Architect stag work together to resolve the matter within 80 days of its being called to the Architect's attention. if resolution of the matter is not attained within 80 days, either party may terminate this Agreement in accordance with conditions indicated in "Termination of Services'. City Chances: If the City requires flanges in the Construction Drawings, which are not consistent with written public building codes ardlor zoning ordinances that are provided by the City and flanges are only at the request of city Officials, this shall be subject to a Change in Service covered under this Agreement t imitation of tJWW, Client acknowledges and understands; that HPA has no control over governmental entities #W have jurisdiction for the project and the process of review of documents by such authorities for permits and required government approvals: therefore Client releases HPA from all liability for delays caused by or attributable, in whole or in pat, to any time related to reviews of contract documents by gamraiental entities. Kimphreys & Partners A -c hRects will always act in the Clierts bent interest in commurocaft with Building Authorities having pion over the project HPA will not be held liable for delays misted to oven Departnent reviews related to issulrg permits HPA and our consultants will work ftently in our communication ation and response time to Bing Authorities, but do riot control or guarantee the review process wittmh the City, Carty or Stale ollices. The Ownner shall Indemnify the Arced should legal action result from any acts, errors, or omissions of the Owner. Mark Humphreys or any employees shall not be held personally liable for any legal action misled to this project. HPA shag have rights to right or rernedy before any legal action. Breach of Contract: cannot be brought forth in any legei action. Indemnification: The Client shalt Indemnify and told harmless the Architect and all of its personnel from any and all claims, damages losses and expenses (including reasonable attorneys fees) arising out of or resulting from the performance of the services, provided that any such claim, damage. loss or expense is caused in whale or in pat by the negligent act, omission ad/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the Architect), or anyone for whose acts they may be liable, to the extent pemnitted by law. _General Conditions: The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of the AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided can this Agreement. Mold. The Architect shall not be held liable for mold liability. Termination of Services: This agreement may be terminated by the Client or the Architect should the other fail to perform its obligations hereunder. in the event of termination the Client stall pay the Architect for all services rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses. In the evert that no work has been performed on the contract services as a result of actions by other than the Architect, for a period of 90 days, the contract may be considered to be terminated at the discretion of the Architect. Ownership of Documents: All documents produced by the Architect under this Agreement shall become the property of the City of Lubbock and may be used by the Client for only the Overton District. Upon request, a reproducible copy will be provided to client for their records and use on this project. Payment for Design services does not allow use of the Design for Construction Documents by others without written approval from HPA. This agreement creates no implied or express license to use any HPA architectural works. If all terms. and phases are done per this Agreement, this grants the use of HPA's designs only for this project. Fee Umitnion: The contract fee and/or royalty fee, if included in this contract, will be valid for twelve (12) months from date of execution of the contract. If the project is delayed or put on hold,the fees will be valid for twelve (12) months from date of contract execution. In either case, it the time gilt expires, HPA may renegotiate the fees. If the contract is not executed within 90 days from original date, it is subject to renegotiation. Applicable taws: Unless otherwise specified, this agreement shall be governed by the laws of the State of Texas. S:12D02X023531023530vertonLandscape.doc 12/9/2002 Page 5 of 5