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HomeMy WebLinkAboutResolution - 2004-R0375 - Amendment To Contract With Chapman Harvey Architects, Inc. - 08_16_2004Resolution No. 2004-RO375 August 16, 2004 Item No. 19 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, an Amendment to a Contract dated March 31, 2003, by and between the City of Lubbock and Chapman Harvey Architects, Inc., and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 16th ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Wood rrank)In, PE, Civil APPROVED AS TO FORM: Assistant City Attorney gs:/ccdocs/res-Amendment Chapman(0)Aoc July 9, 2004 day of August , 2004. Resolution No. 2004-RO375 August 16, 2004 Item No. 19 AMENDMENT OF CONTRACT This Amendment is entered into on this, the Aday of July, 2004, by and between CHAPMAN HARVEY ARCHITECTS, INC., a Texas corporation (hereinafter referred to as "CHA"), and the CITY OF LUBBOCK (hereinafter referred to as "City"), together as parties to that certain Letter Agreement dated March 31, 2003 (hereinafter referred to as the "Contract"). Each of CHA and the City may also be referred to individually as a "Party" or collectively as the "Parties." WHEREAS, Subparagraph 11.2.1 of the Contract provides that compensation under the Contract shall be based upon services rendered for the benefit of the City by CHA, said services being characterized as Part One Services, Part Two Services, or Part Three Services; WHEREAS, Subparagraph 11.2.1 of the Contract further provides that Part Two Services shall be paid by the City in lump sum and in an amount to be negotiated between the Parties and at a time subsequent to the scope of the Part Two Services being more fully ascertained; WHEREAS, the Parties have negotiated and agreed that Part Two Services to be performed under the Contract shall include, but shall not be limited to, certain activities described herein, and that the performance of these activities shall form the basis for computing Basic Compensation under the Contract, and the Parties further have negotiated an amount to be paid in lump sum for Part Two Services pursuant to the Contract; WHEREAS, Subparagraph 11.2.1 of the Contract provides that Part Three Services, if performed, shall be paid by the City pursuant to a defined Schedule of Rates; and WHEREAS, the Parties have negotiated and agreed that Part Three Services to be performed under the Contract shall include, but shall not be limited to, certain activities described herein, and that the performance of these activities shall form the basis for computing Basic Compensation under the Contract. THEREFORE, the Parties, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do agree to amend and do amend the Contract as follows: Subparagraph 11.2.1 is deleted in its entirety and replaced with the following: 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: .1 Part One Services shall be computed based on an hourly basis pursuant to the Schedule of Rates, attached hereto as Attachment "C." .2 Part Two Services shall include, but shall not be limited to, reasonable coordination between the City and the Design Team for CHA, preparation by CHA of Construction Drawings and Specifications, attendance by an appropriate CHA representative(s) to at least two (2) of the City's coordination and review meetings, as well as CHA's distributing bid documents, attending any pre -bid conference(s), writing addenda as may be reasonably required, and attending bid opening(s). It is agreed by the Parties that if a representative from CHA shall be required to attend more than two (2) coordination and review meetings, CHA shall be entitled to compensation in addition to that set forth immediately below at a rate not to exceed ONE HUNDRED FIVE and NO/100 DOLLARS ($105.00) per hour, depending on the contracted billable rate of said representative as set forth in Attachment "C." The Parties agree that Part Two Services shall be rendered by CHA or its designee or subcontractor, subject to approval in advance by the City, and compensated in an amount not to exceed THIRTY-EIGHT THOUSAND SEVEN HUNDRED TEN and NO/100 DOLLARS ($38,710.00). .3 Part Three Services shall include, but shall not be limited to, attending the pre -construction meeting, attending up to ten (10) progress meetings as may be needed, reviewing shop drawing submittals and delivering a copy thereof to the City, certifying the Contractor's monthly pay request, attending a final walk-through of the project, and preparing a punch list of corrective items as needed. It is agreed by the Parties that if a representative from CHA shall be required to attend more than ten (10) progress meetings, CHA shall be entitled to compensation in addition to that set forth immediately below at a rate not to exceed ONE HUNDRED FIVE and NO/100 DOLLARS ($105.00) per hour, depending on the contracted billable rate of said representative as set forth in Attachment "C." The Parties agree that Part Three Services, if requested pursuant to the Contract, shall be rendered by CHA or its designee or subcontractor, subject to approval in advance by the City, and compensated in an amount not to exceed NINE THOUSAND NINE HUNDRED THIRTY and NO/100 DOLLARS ($9,930.00). The Parties further agree that the completed construction documents will be available for distribution to bidders no later than October 25, 2004. Subparagraph 11.5.1 is deleted in its entirety and replaced with the following: 11.5.1 If the Basic Services covered by this Agreement have not been completed before August 9, 2005, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. Article 12, Subparagraph 1 is deleted in its entirety and replaced with the following: 1. The printing and distribution of bid documents is not a reimbursable expense. The undersigned Parties agree that, except as may be amended hereby, the Contract, its exhibits, attachments, and schedules shall be completely incorporated herein for all purposes, and shall otherwise remain in full force and effect according to the terms expressed therein. The undersigned Parties further agree that to the extent of any conflict between this Amendment and the Contract, its exhibits, attachments, and/or schedules, the provisions and terms of this Amendment shall control. EXECUTED this 1?' "day of 2004. Cll AT Reb cca Garza, City Secre ry APPRO4n. TENT: -Ira Engineer L:1C ITYATTIMITCH\AmendmentCha pman (v4).doc CHAPMAN HARVEY ARCHITE TS, INC. Z. � I BY: RRY G. ARVE i , ARCHITEVT AND PRESIDENT ATTEST: Resolution No. 2004-RO375 August 16, 2004 Item No. 19 ORIGINAL CONTRACT LESS THAN $25,000-00 SIGNED 4/2/0 3 BID # 069-03