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HomeMy WebLinkAboutResolution - 2013-R0251 - Contract - Mary Crites AIA - Landwer House Renovations - 08_08_2013Resolution No. 2013-RO251 August 8, 2013 Item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Contract No. 11419 for renovations of the Landwer House located in the Buddy Holly Park, by and between the City of Lubbock and Mary Crites, AIA, and related documents. 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 City Council. Passed by the City Council on August 8, 2013 GL C. ROBERTSON, MAYOR ATTEST: -'�c Reb -ca Garza, City Secret APPROVED AS TO CONTENT: Wesley D. Ikejett, Director of Facilities Management APPROVED AS TO FORM: a A-�-.. Chad Weaver, Assistant City Attorney vwxcdocs. RESTSC-Mary Crites, AIA July 3, 2013 Resolution No. 2013—RO251 CONTRACT# 11419 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK § This Agreement ("Agreement'), effective as of the 8"' day of August 2013, is by and between City of Lubbock, Texas ("City'), a Texas home rule municipal corporation, and Mary Crites, AIA ("MC'), a Texas "Sole Proprietorship". WITNESSETH WHEREAS, the City desires to obtain professional architectural and engineering ("A/E'� services related to the renovations of the Landwer House located in the Buddy Holly Park, 1025 North University Avenue, Lubbock, Texas (the "Project'; and WHEREAS, MC has a professional staff experienced and is qualified to provide professional A/E services related to the Project, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and MC to be a fair and reasonable price; and WHEREAS, the City desires to contract with MC to provide professional A/E services related to the Project and MC desires to provide the services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and MC hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of one (1) year, as set forth in the receipt of the Notice to Proceed. The term may be altered by subsequent amendments of this Agreement, with the written and authorized consent of both parties. ARTICLE II. SERVICES AND COMPENSATION MC shall perform the services described In Exhibit A with regard to the Project and payment shall be due and payable upon receipt in accordance with work provided. Payments due MC under this Agreement shall be electronically transferred either by ACH, or wire transfer to the bank account and in accordance with the bank instructions identified in MC's most recent invoice in immediately available funds no later than the payment due date. Invoice number, project name and Contract Number shall be referenced in the bank wire reference fields or the ACH addenda information. In the event that such electronic funds transfer methods are not available to City, then payments due MC under this Agreement shall be made by check and mailed to the Address identified in the remittance instructions Page 1 of 8 MC Agreement on MC`s most recent invoice. The Remittance Advice document shall be mailed with the check to the address. ARTICLE III. TERMINATION A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to MC. In the event this Agreement is so terminated, the City shall only pay MC for services actually performed by MC up to the date MC is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event MC breaches any term and/or provision of this Agreement the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law or equity, including without limitation, termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION A. The City reserves the right to exercise any right or remedy available to it by law, contract equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. MC is a Sole Proprietorship duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by MC. This Agreement constitutes legal, valid, and binding obligations of MC and is enforceable in accordance with the terms thereof. C. Professional. MC maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. D. Performance. MC will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional A/E services, as contemplated hereby. E. Use of Copyrighted Material. MC warrants that any materials provided by MC for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance relating Page 2 of 8 MC Agreement to the use or reproduction of materials. MC shall be solely responsible for ensuring that any materials provided by MC pursuant to this Agreement satisfy this requirement and MC agrees to indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of MC's failure to perform this duty. F. MC warrants that it shall perform the Project in accordance with the standards of care and diligence normally practiced by recognized A/E firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Project it is shown there is an error in the Project caused solely by MC's failure to meet such standards, and City has promptly notified MC in writing of any such error within that period, MC shall perform, at MC's cost, such corrective A/E services within the original Scope of Services as may be necessary to remedy such error. ARTICLE VI. SCOPE OF WORK MC shall accomplish the following: Professional A/E Services related to the Landwer House Renovations project, as defined in Exhibit "A". ARTICLE VII. INDEPENDENT CONSULTANT STATUS MC and City agree that MC shall perform the duties under this Agreement as an independent consultant and shall be considered as independent consultant under this Agreement and/or in its activities hereunder for all purposes. MC has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Project under this Agreement, MC and MC's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE MC shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein as described in Exhibit B. MC shall obtain and maintain in full force and effect during the tern of this Agreement, and shall cause each approved subcontractor or sub -consultant of MC to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Page 3 of 8 MC Agreement Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence MC shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for MC, protecting City against direct losses caused by the professional negligence of the approved subcontractor or sub - consultant. The City shall be named as additional insured with respect to the the Automobile Liability and Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of subrogation under those policies. MC shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Copies of all endorsements are required. MC shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, MC shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that MC maintains said coverage. MC may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, MC fails to maintain the required insurance in full force and effect, MC shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS MC may employ or retain consultants, contractors, or third parties (any of which are referred to herein as `Sub-oonsultant'% to perform certain duties of MC provided that City approves the retaining of Sub -consultants. MC is at all times responsible to City to perform the Project as provided in this Agreement and MC is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by MC shall be required to carry, for the protection and benefit of the City and MC and naming said third parties as additional insureds, insurance as described above in this Agreement, ARTICLE X. CONFIDENTIALITY MC shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY Page 4 of 8 MC Agreement MC SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF MC, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS MC shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE) III. NOTICE A. General. Whenever notice from MC to City or City to MC is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. MC's Address. MC's address and numbers for the purposes of notice are: Mary Crites, AIA 4617 8t' Street Lubbock, TX 79407 Telephone: (806) 799-7110 Email: m.crites@att.net C. City's Address, The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Wesley D. Everett — Director Facilities Management P. O. Box 2000 1625 13th Street Lubbock, TX 79457 Telephone: (806) 775 — 2275 Email: Weverett@mylubbock.us D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, Page 5 of 8 MC Agreement and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE M. CITY -PROVIDED DATA City shall furnish MC any available data in the possession of the City pertinent to MC's Services, so long as City is entitled to rely on such data for the performance of MC's Services under this Agreement (the "Provided Data'. MC shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. MC shall provide access to its books and records to the City. The City may audit, at its expense and during normal business hours, MC's books and records with respect to this Agreement between MC and City. C. Records. MC shall maintain records that are necessary to substantiate the services provided by MC. D. Assignability. MC may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and MC, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of MC, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by MC and City. I. Entire Agreement. This Contract, including Exhibits "A" and "B", attached hereto, contains the entire Agreement between the City and MC, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. Page 6 of 8 MC Agreement J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between MC and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by MC as part of the Project hereunder, shall become the property of the City when MC has been compensated as set forth in Article II, above. MC shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or MC of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and MC. N. Extent of Responsibility. MC does not guarantee that proposals, bids or actual project costs will not vary from MC's opinions of probable cost or that actual schedules will not vary from MC's projected schedules. MC shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to MC, to fulfill contractual responsibilities to the Client or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to MC in Exhibit A, Scope of Services. 0. Unforeseen Circumstances. Except for Client's obligation to make payments, neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control. Architect shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK X5Kc-. RO RTSON, MAYOR ATTEST: Vebta Garza, City Secretary APPROVED AS TO CONTENT: Page 7 of 8 MC Agreement Wesley D. Everett M FORM: Chad Weaver, Assistant City Attorney Mary Crites, AIA : Z?Ii-j<. By Name: Mary Cri e , ALA Title: Owner Page 8 of 8 MC Agreement EXHf-HIT A (ARCHITECT'S Proposal) I.andwer HQuic , Professionat Services Nag; 4 ARCHITECT 21 June 2013 Wes Everett Director of Facilities Management City of Lubbock 1625131h St Lubbock, TX 79414 RE: Scope of Services and Fee Proposal for Landwer House Renovation Dear Wes, I was delighted to hear from you concerning the continuation of this project. This letter will outline the anticipated scope of services and related fees for this project based on the project description that was developed during the previous study of this building competed February 2013. The Architect (A/E) shall provide professional design and construction administration services for the renovation of the City of Lubbock's Landwer house, located at 1025 University Avenue in Buddy Holly Park. The project budget is $785,000 and a six month construction period is anticipated. This project will include architectural, mechanical, plumbing, electrical and structural engineering and landscape architecture disciplines. 4617 8th Street 0 Lubbock, Texas 79416 0 806.790. 7114 0 m.crites@att.net The Scope of Services: Building on the previous schematic study completed in February 2013, it is assumed that minimal changes will occur to the developed floor plan and exterior elevations, that the building will be served by small split system mechanical units and that a fire sprinkler system is not required. Review and Analysis Phase: 1. With the building structure exposed from the recent abatement work, the structural engineer will perform a field analysis of the structural elements of the building. 2. City staff and A/E will review the previously developed floor plan, exterior elevations and exterior materials. With City staff approval of the plan, elevations and exterior materials, the A/E will then prepare and present the schematic design to the Urban Design & Historic Preservation Commission (UD&HPC). The exterior elevations and exterior materials will be the focus of the presentation. The A/E will revise as needed based on city staff and UD&HPC comments Design Phase: 3. With approval by City staff and the City UD&HPC, the A/E will proceed with construction documents consisting of drawings and specifications setting forth the requirements for the construction of the Project. Four meetings are anticipated during this phase. Bidding and Construction Administration Phase 1. The A/E will respond to questions during the bidding or pricing phase of the project and attend a pre -bid and bid or price evaluation meeting. 2. The A/E will review the shop drawings and submittals requested in the specifications. 3. Based on the A/E's observations and evaluations of the Contractor's Application for Payment, the A/E will review the amounts due to the Contractor. 4. During construction, 26 site visits are planned, the visits will generally be on a weekly basis with intervals appropriate to the stage of construction to become familiar with the progress and quality of the Work completed, to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract documents. If additional site visits become necessary, thru no fault of the A/E, the additional site visits shall be made, when approved by the City, on an hourly basis. 5. The A/E will not be required to make exhaustive or continuous on -site observations to check the quality or quantity of the Work. On the basis of the on- site observations the A/E will keep the City informed of the progress and quality of the Work. The A/E shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents. The A/E shall not supervise, direct or have control over the Contractor's work, nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor the Contractor's safety precautions or programs in connection with the work 6. Once the contractor has indicated the work is complete the A/E will make an on - site visit to create a punch list of items requiring attention from the contractor. The A/E will make one additional site visit to confirm the work is complete.. If additional site visits become necessary because the work is not complete, thru no fault of the A/E, the additional site visits shall be made, when approved by the City, on an hourly basis. The Architect has procured the professional services of the following consultants for this project: Fanning, Fanning & Associates- Thoma Engineering- Armko Industries - Kathy Lust, ASLA- Cornerstone Accessibility Mechanical, Plumbing, Electrical Engineering Structural Engineering Roof Consulting Landscape Architecture Accessibility Review and Inspection Specifically excluded for the scope of services are; Surveys and Geotechnical Reports, Asbestos, Mold and Hazardous Material assessments or Construction Material Testing. The following is an anticipated schedule for the project: Review and Analysis 8 weeks Design Phase 16 weeks Bidding Phase 8 weeks Construction Phase 24 weeks Changes to the schedule above may become necessary due to changes in scope or other circumstances. Fees for the services described above are: Analysis/ Design Bid and Sub -total Review Const Admin Architecture 1,250 23,350 7,800 MPE engineering 9,000 3,100 Roof consultant 1,000 375 Structural engineering 1,000 5,000 2,000 Landscape architecture 4,250 1,800 Total Fee $59,925 Reimbursable Expense Allowance $ 2,500 Total combined fee and reimbursable expense allowance is: $62,425 Reimbursable expenses include: postage, reproduction/copies of review sets, color plots, and accessibility fees. Reimbursable expenses will be billed at invoice cost plus ten percent markup for handling costs. This allowance is in addition to the fees above. Reproduction of the Construction Documents for pricing and construction are excluded from this allowance and are not part of this contract. Fees will be billed using a percentage complete method and both fees and reimbursable expenses will be submitted monthly. Invoices shall be considered past due if not paid within 30 days. Should the scope of services change during the Project, the lump sum fee will be adjusted either up or down by a mutually agreed upon amount or based on an hourly rate method using the A/E's standard hourly rate schedule. Again, thank you for the opportunity to be of assistance to the city. I look forward to working with you and the other city staff on this project. Please contact me if you have any questions. Sincerely, Mary K. Crites, AIA EXHIBIT B (Insurance Requirements) Landwer House - Proresslonal Services Page 5 Waiver — Contract # RELEASE AGREEMENT BY THE EXECUTION HEREOF, RELEASE THE CITY OF LU BOCj,ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND/OR INDEPENNT CONTRACTORS (HEREIN COLLECTIVELY CALLED THE "CITY"), FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, COST OR DAMAGE, OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ANY SUCH LOSS, LIABILITY, COST OR DAMAGE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OF CITY, INCURRED, SUSTAINED, RELATED TO, OR AS A RESULT OF, ANY OF T ACTIVITIES CONTEMPLATED BY THAT CERTAIN AGREEMENT DATED 20/1, BY AND BETWEEN THE CITY AND - , ' (THE "AG EMENT") AND/OR MY OCCUPATION OF THE PROPERTY (As DEFINED IN THE AGREEMENT), AND/OR OTHER LANDS OWNED BY CITY. IN EXECUTING THIS RELEASE, I REPRESENT AND WARRANT THAT I AM NOT COVERED BY AND/OR HAVE NOT PROCURED ANY WORKER'S COMPENSATION INSURANCE COVERING ANY ASPECT OF THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT AND/OR MY OCCUPATION OF THE PROPERTY AND/OR OTHER LANDS OWNED BY THE CITY AND THAT THE PHOTO IDENTIFICATION, IS A VALID IDENTIFICATION. EXECUTED THIS /04L- DAY OF F , 206 'Sig na e Print N e Note: attach a photocopy of the current photo identification to this Release