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HomeMy WebLinkAboutResolution - 1197 - Supplemental Agreement #1 - KHC Systems Inc - Traffic Control Center - 09_09_1982SMH:da RESOLUTION RESOLUTION 1197 - 9/9/82 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 Supplemental Agreement #1 for Architectural and Engineering Services between KHC Systems, Inc. and the City of Lubbock, Texas, attached herewith which shall be spread upon the minutes of the Council 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 ATTEST: 9th day of September 1982. r BILL RcALTSTER, MAYOR Evelyn Ga fga, City ry-Treasurer APPROVED AS TO CONTENT: J Be ram, Director of Planning APPROVED AS TO FORM: Susan M. Horton, Assistant City Attorney RESOLUTION 1197 - 9/9/82 (See Reso. 1023, 1/28/82 original contract) 6(TY SECRETARY -TREASURER SUPPLEMENTAL AGREEMENT #1 FOR ARCHITECTURAL AND ENGINEERING SERVICES Between KHC SYSTEMS, INCORPORATED And THE CITY OF LUBBOCK, TEXAS THI SUPPLEMENTAL AGREEMENT #1, made and entered into this 9th day of Sept: ber, 1982, by and between the City of Lubbock, Texas, hereinafter referred to as the CITY, and KHC Systems, Incorporated, a corporation organized and existing under and by virtue of the laws of the State of North Carolina and using of ices at Suite 120 - Box 116, 5310 Harvest Hill Road, Dallas, Texas 75230, h reinafter referred to as the CONSULTANT, modifies the AGREEMENT between the CITY and the CONSULTANT dated January 28, 1982. WHE EAS, the CITY desires to employ the CONSULTANT to perform the pro- fessional services for preparation of contract documents for architectural and engineeri g work for the Traffic Control Center and offices at City Hall and Operation 1 Adjustment Center remodeling and new additions at existing shop facilitie . NOW HEREFORE, in consideration of the services to be performed and the compensat on to be paid for such services, the parties hereto agree to be bound by the teems, conditions, and regulations as set forth hereinafter. -1- I. SCOPE OF WORK TheICONSULTANT agrees to retain an architect to prepare contract documents, assist with bidding and conduct contract administration activities in with the attached sub -contract (Exhibit A) and A.I.A. document A20i-1976 (Exhibit B) as attached. In ddition, the CONSULTANT.agrees to administer the architectural sub - con ract and conduct the necessary reviews to assure the final contract doc ents meet and satisfy the needs for the modernized traffic signal system for Lubbock.. II. COMPENSATION AND METHOD OF PAYMENT A. I For the satisfactory performance of the professional services described B. in Article I, Scope of Work, the CITY agrees to compensate the CONSULTANT for services under this Supplemental Agreement #1 by the total sum of $21,830.00 on the basis of monthly progress reports and certified invoices submitted by the CONSULTANT relative to services provided in accordance with the terms of this Supplemental Agreement. Payment of the above sum shall be considered full compensation for work performed and services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. Invoicing procedures shall conform to the requirements of the AGREEMENT. Invoices shall represent the value of the partially completed work :omputed on a proportional basis for each work item. -2- C. ! After completion of all services contained in.the Supplemental j Agreement and acceptance of the work by the CITY, the CONSULTANT will be paid an amount equal to 100 percent of the fee specified in para- graph II.A. including any adjustments by Supplemental Agreements, j less any amounts previously paid. IN 'TESTIMONY WHEREOF, the parties hereto have caused these presents to be execut4 on the aforementioned date. ATTEST: Assistant S c tary KHC Systems,'.1naorporated i ATTEST: _Evelyn Gaf fga; City `Herdr-"4ry-Treasurer APPROVED AS TO CONTENT: 9 JinjIltram, Director of Planning APPROVED 'jAS TO FORM: � kvd& � Susan Horton, Assistant City Attorney -3- KHC SYSTEMS, INCORPORAT BY C. E. Vick, Jr., P.E., President CITY OF LUBBO BY: Ilk ILL MCALIS ER, MAYOR EXHIBIT A K Amendment No. 1 Standard Form of Agreement between Engineer and Architect or Professional Service. This Amendment No. 1 is made a part of and incorporated into the agreement made on April 14, 1982 between KHC Systems, Inc., Engineers and BGR Architects - Engineers providing for professional architectural services. In addition to the architectural services described in the original agreement, the architect will provide the following services. (1) Preparation of contract documents for architectural and engineering work required by the schematic design includin traffic control center and offices at City Hall.(+/-2,000 s.f.3 and operational adjustment center (+/-2,000 s.f. remodeled and 1,200 s.f. new addition). (2) Assisting with bidding procedure, issuing of plans and specifications, taking of bids. Cost of reproduction of plans and specifications will be reimbursed to the architect. (3) Contract administration thru the construction phase. This work will be in accordance with A.I.A. document A201-1976. Payment to the architect will be as follows: Contract documents $15,000 Construction phase 4,000 Time of payment shall be in accordance with Section 5 of the basic contract. Accepted this & W day of September, 1982. Engineer: KHC Systems, Incorporated C. E. Vick, Jr. President Architect: BGR Architects -Engineers Robert E. Rapier Secretary -Treasurer EXHIBIT B THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A201 Genera[ Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1. CONTRACT DOCUMENTS 2. ARCHITECT 3. OWNER 4. CONTRACTOR 5. SUBCONTRACTORS 6. WORK BY OWNER OR BY ,SEPARATE CONTRACTORS 7. MISCELLANEOUS PROVISIONS 1976 EDITION TABLE OF ARTICLES 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11.. INSURANCE 12. CHANGES IN_THE WORK 13. UNCOVERING AND CORRECTION OF WORK 14. TERMINATION OF THE CONTRACT ..This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1911, 1915, 1918, 192S, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, m 1976 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its pro- visions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT AM - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEENTH EDITION - AUGUST 1976 AIAa - 0 1976 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 A201-1976 1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 7 CONTRACT DOCUMENTS -1 DEFINITIONS .1 THE CONTRACT DOCUMENTS Th Contract Documents consist of the Owner -Contra for greement, the Conditions of the Contract (Gene Supp mentary and other Conditions), the Drawings, e Speci lions, and all Addenda issued prior to an all ,Modi I tions issued after execution of the Contr A Modific ion is (1) a written amendment to the C ntract signed b both parties, (2) a Change Order, (3) a ritten interpretat n issued by the Architect pursuant to Sub- paragraph 2.8, or (4) a wri in the Work sued by the A 12.4. The Co tract Docum Documents su h as the A Sid, the Instruc 'ons io Bid tractor's Bid or ortions of these, or any oth r docum therated in the O er-Con 1.1.2 THE CONTRA The Contract Docume tion. This Contract re agreement between the an prior negotiations, repres n written or oral. The Contra only by a Modification as The Contract Documents sh any contractual relationship chitect and the Contractor entitled to •performance benefit, and to enforce r in the Contract Docum n relationship between t O Subcontractor. or Sub- ubco tten order for a mi r change rchitect pursuant t Paragraph ents do not incl de Bidding dvertisement or invitation to ders, sample f ms, the Con - Addenda rel ting to .any -of ents, unless pecifically enu- is form the esents the to is sh wne ntract for Construc- ntire and integrated he eto and supersedes all � or agreements, either 4be amended or modified -id in Subparagraph 1.1.1. tot be construed to create any kind between the Ar- it the Architect shall be at 'ions intended for his eof. Nothing contained all create any contractual r o the Architect and any 1.1.3 THE WORK The Work compris the completed c\de required by the Contract . cuments and inclur neces- sary to produce uch construction, aials and equipment inc rporated or to be inin such construction. 1.1.4 THE P O)ECT The Projec is thetotal construction e Work performe under the Contract Docbe the whole or a part. /thanriplicate f CUTION, CORRELATION AND INTENT e Contract Documents shall be signed in n t less by the Owner and Contractor. If eith the r. the Contractor or both do not sign the Co di - the Contract, Drawings, Specifications, or any ofr Contract Documents, the Architect shall ide - Documents. By executing the Contract, the Coma ractor represen th he has visited the site, familiarized! himself with loca conditions under which the WaaR is to be er- form , and correlated his observations: with the re ire - menu the Contract Documents. 1.23 The 'intent of the Contract Documents is include all items n essary for the proper execution a comple- tion of the ork The Contract Documents re comple- mentary, and hat is required by any o shall be as binding as if req 'red by all. Work not c red in the Con- tract Documents •li not be required un1' sit is consistent therewith and is re onably inferable erefrom as being necessary to produce fie intended r ults Words and ab- breviations which ha well-kno. technical or trade meanings are used in th'eContracyDocurnents in accord- ance with such recognize mea ngs. 1.2.4 The organization of sections and articles, and shall not control the Co among Subcontractors Work to be performed y 13 OWNERSHIP ANY USE 1.3.1 All Drawin , Spe furnished by the rchite erty. They are t be used and are not be used exception o one contract tract, su documents a h pecificatio>ns into divisions, arrangerrrtt of Drawings tra r in divf�ing the Work in es blishing the extent of any trad OF DOCU\proj cifications thereof c1 are and shis prop - only with rs Project on any othWith the set for eathe Con - re to be suitably account for to the Architect on request at the omple- tion of a Work. Submission or distributicyn to me t offi- cial gulatory requirements or for otheT purpos in con ection with the Project is not to be construe as p lication in derogation of the Architecrs common la pyright or other reserved rights. ARTICLE 2 ARCHITECT 2.1 DEFINITION 2-1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture identified as such in the Owner -Contractor Agreement, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Architect means the Architect or his authorized representative. 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Architect will provide administration of the Contract as hereinafter described. 2.2.2 The Architect will be the Owner's representative during construction and until final payment is due. The Architect will advise and consult with the Owner. The Owner's instructions to the Contractor shall be forwarded AIA DOCUMENT AM - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEENTH EDITION- AUGUST 1976 AIM - C 1976 - THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE. N.W.. WASHINCON. D.C. 21M A201-1976 5 through the Architect The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with Subparagraph 2.2.18. 2.2.3 The Architect will visit the site at intervals appro- priate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in ac- cordance with'the Contract Documents. However, the Architect will not be required to make exhaustive or con- tinuous on -site inspections to check the quality or quan- tity of the Work. On the basis of his on -site observations as an architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and, deficiencies in the Work of the Contractor. 2.2.4 The Architect will not be responsible for and will not have control or charge of construction means, meth- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out- the Work in accordance with the Contract Documents. The Architect will 'not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or em- ployees, or any other persons performing any of the Work 2.25 The Architect shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform his functions under the Contract Documents. 2.2.6 Based on the Architect's observations and an evalu- ation of the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Con- tractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 2.2.7 The Architect will be the interpreter of the require- ments of the Contract Documents and the judge of the performance thereunder by both the Owner and Con- tractor. 228 The Architect will. render interpretations necessary for the proper execution or progress of the Work,, with reasonable promptness and in accordance with any time limit agreed upon. Either parry to the Contract may make written request to the Architect for such interpretations. 229 Claims, disputes and other matters in question be- tween the Contractor and the Owner relating to the exe- cution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Architect for decision which -he will render in writing within a reasonable time. 2.2.10 All interpretations and decisions of the Architect h h . f d all ' show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.2.11 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2.12 Any claim, dispute or other matter in question between the Contractor and the Owner referred to the Architect, except those relating to artistic effect as pro- vided in Subparagraph 2-2.11 and except those which have been waived by the making or acceptance: of final pay- ment as provided in Subparagraphs 9.9.4 and 9.9.5, shall be subject to arbitration upon the written demand of ei. ther party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of (1) the date on which the Architect has rendered a written decision, or (2) the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered his written decision by that date. When such a written decision of the Architect states (1) that the decision is final but subject to appeal, and (2) that any demand for arbitration of a claim, dispute or other matter covered by such decision must be made within thirty days after the date on which the party mak- ing the demand receives the written decision, failure to demand arbitration within said thirty days' period will re- sult in the Architect's decision becoming final and binding upon the Owner and the Contractor. if the Architect renders a decision after arbitration proceedings have been initiated, such ,decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to all parties concerned. 2.2.13 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work .be then fabricated, installed or completed. However, neither the Architect's authority to act under this Subparagraph- 21.13, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or respbnsibility of the Architect to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 2.2.14 The Architect will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of shall be consistent wit t e intent o an reasons yin. an assembly of which the item is a component ferable from the Contract Documents and will be in writ- 2.2.15 The Architect will prepare Change Orders in ac- ing or in the form of drawings. In his capacity as inter- cordance with Article 12, and will have authority to order preter and judge, he will endeavor to secure faithful per- minor changes in the Work as provided in Subparagraph formance by both the Owner and the Contractor, will not 12.4.1. AIA DOCUMENT A2M - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEENTH EDITION . AUGUST'1976 6 A201-1976 AiA% - 0 1S%6 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2tx706 2.2.16 The Architect will conduct inspections to deter- mine the dates of Substantial Completion and final com- pletion, will receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract and assembled by the Contrac- tor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 22_17 if the Owner and Architect agree, the Architect will provide one or more Project Representatives to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as set forth in an exhibit to be incorporated in the Contract 'Documents. 2.2.78 The duties, responsibilities and limitations of au- thority of the Architect as the Owner's representative dur- ing construction as set forth in the Contract Documents will not be modified or extended without written con- . sent of the Owner, the Contractor and the Architect. 2.2.19 In case of the termination of the employment of the Architect, the Owner shall appoint an architect against whom the Contractor makes no reasonable objec- tion whose status under the Contract Documents shall be that of the former architect. Any dispute in connection with such appointment shall be subject to arbitration. ARTICLE 3 OWNER DEFINITION 3.1. The Owner is the person or entity identified ass h in the Owner -Contractor Agreement and is referr to through t the Contract Documents as if singular i num- ber and sculine in gender. The term Owner ans the Owner or liauthorized representative. 3.2 iNFOR TION AND SERVICES REQUIR OF THE O NER 3.2.1 The Owner a at the time of execu ment, furnish to the he has made financi tions under the Co dence is furnished, the C execute the Owner -Contra mence the Work. y Con II, at the request n of the Owne ntractor rea at a angeme Unl s su pf the Contractor, -Contractor Agree- nable evidence that to fulfill his obliga- ch reasonable evi- ctor -is not required to Agreement or to com- 3.2.2 The Owner shall n ' all urveys describing the physical characteristic legal limi tat ns and utility loca- tions for the site of a Project, and a gal description of the'site. 333 Except a provided. in Subparagra h 4.7.7, the Owner s7�alt s cure and pay for necessary ap ovals, ease- ments, asse menu and charges required for th construc- tion," use occupancy of permanent structures o for per- manent nanges in existing facilities. 3.2.4 nformation or services under the Owner's co rol sha be furnished by the Owner with reasonable prom - n s to avoid delay in the orderly progress of the Work .5 • Unless otherwise provided in the Contract Doc nts, the Contractor will be furnished, free of char copies of Drawings and Specifications reasonably n c. ary for the execution of the Work The Owner shall forward all instructions .� the actor through the Architect 3.2.7 he foregoing are in addition to other du es and respon lib es of the Owner enumerated htr in and especia y those in respect to Work by Own r or by Separate Contractors, Payments and Completio , and In- surance i Articles 6, 9 and '1'1 respectively. 3.3 Ow ER'S 3.3.1 If the o required by a out the Wor ments, the O or by an agent in writing, may or any portion been eliminate stop the Work of the Owner t Contractor or extent required 3.4 OWNER'S 3.4.7 If the Contractor ail the Work in accordant and fails within seven day from the Owner to come of such default or neglect the Owner may, after sew Contractor of an additiol prejudice to any other re, such deficiencies. In su Order shall be issued d c or thereafter due the c such deficiencies, tect's additional se neglect or failure. amount charged to prior approval of thereafter due th such amount, th the Owner. Ind dmg corn rvi es made ne ich action b e Contractor e Architect. If Contractor are Contractor shall ARTICLE 4 RIGHT TO STOP THE WORK ntractor fails to correct defe ragraph 73.2 or persistentl in accordance with the ner, by a written order s' pecificatly so empower y rder the Contractor t st th reof, until the cause or d; owever, this righ of sha not give rise to ny du o ex rcise this right or the any o er person or entity, by $ paragraph .1.3. RIGHT O CARRY OUT THE ive Work as fails to carry ontract Docu- ned personally by the Owner op the Work, such order has the Owner to ty on the part benefit of the except to the WORK or neglects to carry out the Contract Documents r receipt of written notice and continue correction diligence and promptness, ,s following receipt by the ritten notice and without he may have, make good an appropriate Change fan the payments then o the cost of correcting nsation for the Archi- ssary by such default, y the Owner and the ar both subject to the th payments then or not ufficient to cover pa the difference to CONTRACTOR /COntTact DEFY ITION he ontractor is the person or entity i entified as t e Owner -Contractor Agreement and referred hout the Contract Documents as if s gular in and masculine in gender. The term C ntractor the Contractor or his authorized represen five. EVIEW OF CONTRACT DOCUMENTS he Contractor shall carefully study and co are ntract Documents and shall at once report to the ct any error, inconsistency or omission he may is- TheContractor shall not be liable to the Owner r AIA VOCUME.NT AM - GENERAL CONDITIONS OF THE CON -TRACT FOR CONSTRUCTION - THIRTEENTY. EDITION AUGU5( 1976 AIAa - 0 1976 - THE AMERICAN t.NSTMTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., wASHING:ON, D.0 2OW6 A201-1976 7