Loading...
HomeMy WebLinkAboutResolution - 2020-R0055 - Condray Design Group - 02/11/2020 Resolution No. 2020-ROO55 Item No. 7.17 February 11, 2020 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 Service Agreement Contract No. 14964 for engineering services for new GIS offices at LP&L, by and between the City of Lubbock and Condray Design Group, Inc., 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. 0 Passed by the City Council on February 11, 2020 _ DANIEL M. POPE, MAYOR ATTEST: Re cca Garza, City Sec et APPROVED AS TO CONTENT: Mark'Y arwooV , Assist t City Manager APPROVED AS TO FORM: A -AWL ere, Assistant City Attorney ccdocs'RES.Prof Service Agreement Contract 14964 Condray GIS offices 01.03.20 Resolution No. 2020-R0055 PROFESSIONAL SERVICES AGREEMENT } STATE OF TEXAS § COUNTY OF LUBBOCK§ This Professional Service Agreement("Agreement")Contract No. 14964 is entered into this 11 th day o e &2020,is by and between the City of Lubbock(the "City"),a Texas home rule municipal corporation,and Condray Design Group, Inc. (the"Architect"),a Texas corporation. WITNESSETH WHEREAS,The City desires to contract with the Architect to provide professional architectural and engineering services for the new GIS Offices at LP&L located at 402 Municipal Drive,Lubbock, Texas(the"Activities"); and WHEREAS,the Architect has a professional staff experienced and is qualified to provide professional services related to Activities,and will provide the services,as defined below,for the price provided herein,said price stipulated by the City and the Architect to be a fair and reasonable price;and WHEREAS,the City desires to contract with the Architect to provide professional services related to the Activities,and Architect 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 the Architect 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 three hundred sixty(360)consecutive calendar days.If the Architect determines that additional time is required to complete the Services, the City may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase.An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE II.SERVICES AND COMPENSATION A. The Architect shall conduct all activities,and within such timeframes,as set forth on the Proposal and Exhibits"A",(the"Services"). B.The Architect shall receive as consideration to be paid for the performance of the Services (including reimbursibles),in an amount not to exceed$84,000.00(eighty four thousand dollars and no cents),also as set forth in Exhibit"A". ARTICLE III.TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Architect. In the event this Agreement is so terminated, the City shall only pay the Architect for services actually performed by the Architect up to the date the Architect is deemed to have received notice of termination,as provided herein. B.Termination and Remedies.In the event the Architect 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, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV.NON-ARBITRATION 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 Agreement,this provision shall control. ARTICLE V.REPRESENTATIONS AND WARRANTIES A. Existence.The Architect is a corporation 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. Corporate Power. The Architect has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 10 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Architect. This Agreement constitutes legal, valid, and binding obligations of the Architect and is enforceable in accordance with the terms thereof. D. Architect.The Architect maintains a professional staff and employs, as needed,other qualified specialists experienced in providing the Services,and is familiar with all laws,rules,and regulations,both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E.Performance.The Architect 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 services, and comply with all applicable laws, rules, and regulations, both state and federal,relating to professional services,as contemplated hereby. F. Use of Copyrighted Material. The Architect warrants that any materials provided by the Architect 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, ordinance or contractual obligation relating to the use or reproduction of materials. The Architect shall be solely responsible for ensuring that any materials provided by the Architect pursuant to this Agreement satisfy this requirement and the Architect agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Architect's failure to perform this duty. ARTICLE VI.SCOPE OF WORK The Architect shall accomplish the following: Professional Services related to the Services,as provided in Exhibit"A",attached hereto and made a part hereof. ARTICLE VII.INDEPENDENT CONTRACTOR STATUS The Architect and the City agree that the Architect shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes.The Architect has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement,the Architect and the Architect'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 Page 3 of 10 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 The Architect shall procure and carry, at its sole cost and expense through the life of this Agreement,except as otherwise provided herein,insurance protection as hereinafter specified,in form and substance satisfactory to the 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. The Architect shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub-consultant of the Architect 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. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Architect shall further cause any approved subcontractor or sub-consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Architect herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub-consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Architect shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 10 The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code.Further,the Architect 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 the Architect maintains said coverage. The Architect 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. If at any time during the life of the Agreement or any extension hereof,the Architect fails to maintain the required insurance in full force and effect, the Architect shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary,the professional liability policy shall be maintained at the Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage)shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE UL EMPLOYMENT OF AGENTS/RETAINING OF ARCHITECTS The Architect may employ or retain consultants, contractors, or third parties (any of which are referred to herein as"Sub-consultant"),to perform certain duties of Architect,as set forth on Exhibit"A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub-consultants. The Architect is at all times responsible to the City to perform the Services as provided in this Agreement and the Architect is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub-consultant.Any agent and/or Sub-consultant retained and/or employed by the Architect shall be required by the Architect to cant',for the protection and benefit of the City and the Architect and naming said third parties as additional insureds,insurance as described above required to be carried by the Architect in this Agreement. The Architect represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X.CONFIDENTIALITY The Architect 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 THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LU13BOCK 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 REASONABLE ATTORNEY'S 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 THE ARCHITECT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND,-'OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII.COMPLIANCE WITH APPLICABLE LAWS The Architect 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 XIII.NOTICE A. General.Whenever notice from the Architect to the City or the City to the Architect 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. Architect's Address. The Architect's address and numbers for the purposes of notice are: Page 6 of 10 Condray Design Group, Inc. Grant Koertner,AIA,President 3708 Upland Avenue Lubbock,Texas 79407 Telephone: 806.748.6190 Facsimile: 806.748.6193 C. City's Address.The City's address and numbers for the purposes of notice are: Wes Everett—Director Facilities Management City of Lubbock P.O. Box 2000 1625 13th Street Lubbock,Texas 79457 Telephone: 806.775.2275 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, 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 XIV.CITY-PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Architect non-confidential studies,reports and other available data in the possession of the City pertinent to the Architect's Services, so long as the City is entitled to rely on such studies,reports and other data for the performance of the Architect's Services under this Agreement (the "Provided Data"). The Architect shall be entitled to use and rely, so long as such reliance is reasonable,upon all such Provided Data. ARTICLE XV.NUSCELLANEOUS 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. The Architect shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Architect's books and records with respect to this Agreement between the Architect and the City. C. Records. The Architect shall maintain records that are necessary to substantiate the services provided by the Architect. Page 7 of 10 D. Assignability.The Architect 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 the Architect, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Architect,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 SOLE AND 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 circumstance,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 the Architect and the City. I. Entire Agreement. This Agreement, including the Proposal and Exhibit "A" attached hereto, contains the entire agreement between the City and the Architect, and there are no other written or oral promises,conditions,warranties,or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture,joint enterprise,partnership or principal agent relationship between the Architect and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Architect as part of the Services hereunder, shall become the property of the City when the Architect has been compensated as set forth in Article II, above. The Architect shall make copies of any and all work products for its files. Page 8 of 10 L. Notice of Waiver. A waiver by either the City or the Architect of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver,such waiver shall not affect the waiving party'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 the City and the Architect. N. Non-Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement,the City will terminate the Agreement, without termination charge or other liability, on the last day of the then- current fiscal year or when the appropriation made for the then-current year for the services covered by this Agreement is spent,whichever event occurs first(the"Non-Appropriation Date'). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Architect on thirty(30) days prior written notice,but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non-Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P.No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either(i)it meets an exemption criteria under Section 2270.002; or(ii)it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.Respondent shall state any facts that make it exempt from the boycott certification in its Response. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBC.�ICK CONDRAY DESIGN GROUP,INC. Daniel M. Pope, Grant Koertner,AIA MAYOR President ATTEST: CV0A"-C-t- Reb c arza, City Secretary APPROVE AS TO CONTENT: Wesley D. Everett, Director of Facilities Management PPROVED AS TO FORM: elli Leisure, Assistant City Attorney Page 10 of 10 December 19, 2019 C®N D RAY Mr. George Lisenbe City of Lubbock Facilities Management 1626 13th Street Lubbock, TX 79401 Re: City of Lubbock LP&L GIS Office Addition DESIGN GROUP, INC. Dear Mr. Lisenbe, Thank you for the opportunity to submit our proposal for this project. Our understanding of the Scope of Work for the project is an addition of approximately 2,650 square feet to the existing Operations facility located at Municipal Hili. The addition is in an interior comer of the building where the new exterior walls will plan to be aligned with the existing exterior walls to finish out the corner. New construction is planned to utilize steel columns,beams, and roof joists,exterior cladding will be brick masonry to match existing and a roofing system to match the existing. The new structure will be independent from the existing structure. We will utilize rooftop package units for conditioning of the new addition. All basic Architectural, Structural, Mechanical/Plumbing and Electrical Engineering Services shall be provided under this proposal. The Services provided will include Schematic Design, Design Development, Construction Documents, Bidding and Negotiation, and limited Construction Administration, The Contract Administration shall include on-site observations by Engineers and Architect at intervals during construction appropriate to confirm conformance with the intent of the Design Documents and as otherwise requested by the Owner. It is understood that regular construction progress meetings will not be required. We will provide review of submittals, respond to RFIs, and create supplemental drawings and/or directives to help clarify any questions with the Contract Documents. We will review Applications for Payment if required to do so by the Owner. We will also provide Interior Design including assistance with the selection and procurement of FF&E items. We propose to offer the services described above for a lump sum fee of$82,000. TDLR plan review and inspection fees as well as other miscellaneous reimbursable expenses will be invoiced at cost plus 5%. Reimbursable expenses are not expected to exceed $2,000 and will not without Owner's written authorization. If there are any questions or if any additional information is needed,please contact me at any time. Sincerely, Grant Koertner President Condray Design Group, Inc. LP&L GIS OFFICERENOVATIONS SCOPE: Construction of approximately 2,650 sgft addition to the existing Lubbock Power& Light(LP&L) operations facility at the Municipal Bill. The proposed work will include all MPE and Fire Safety as required by code. Area shall be designed with adequate space for 9-10 offices and 2-9 cubicles,modern corner workstations desks with room for large dual monitors, small training room, restrooms and small breakroom with space for microwave, refrigerator,sink and vending machines(see attached proposed schematic). All construction materials, hardware and finishes need to match existing conditions. The City reserves the right to add or delete items,offices,etc.as existing space dictates. BUDGET: Construction/A&E $911,500 COL Charges 30,000 FFE 70,000 Technology 77,500 Total Prosect Budeet: $1,089,000 ~ ----_--_-_-----_'-_-_ -'.--- o Q � . � ' CO DRA fl FEE SCHEDULE Iffiffj January 01, 2020 DF31Gr, GR©UP, ]NG. Principal Architect $ 175.00 per hour Project Architect $ 145.00 per hour Registered Interior Designer $ 145.00 per hour Project Manager $ 135.00 per hour Intern Architect $ 115.00 per hour Intern Interior Design $ 95.00 per hour Clerical $ 85.00 per hour Reimbursable expenses will be billed at our direct cost plus 5%. Typical reimbursable expenses may include the following: Reproduction of Plans(review and bid sets) Color Presentations (if requested by Owner) Postage Out-of-town Travel(with prior approval from Owner) Texas Accessibility Standards Plan Review Texas Accessibility Standards Field Inspection Topographical Survey (if required) Zoning Variances (if required) Geotechnical Subsurface Investigation and Report Stormwater Run-off Management Plan 3708 Upland Avenue • Lubbock,Texas 79407 . (806)748-6190 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-578729 Condray Design Group Lubbock,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is01/18/2020 being filed. City of Lubbock Date Acknowledged: 01/20/2020 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 14964 Architectural Services Nature of interest 4 Name of Interested P Ci State Count face of business Party City, Country(p ) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is, My address is , (street) (city) (stats) zip code) ( runtry; I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FoRm 1295 101`1 Complete Nos.i-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5,and 6 n there are no Interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 2020-578672 Lydick-Hooks Roofing Company Lubbocki,TX United States Date Filed: 2 Name of gavernmeRM rftW or state agency that In a party to the contract for which the form s01/17/2020 being if "City of Lubbock ]Dats Acknowledged: 3 Provide the identification number used by lite governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 1508,3 New Roofing System Roofing Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling intermediary Hooks,Reed Lubbock,TX United States X Hooks,Randy Lubbock,TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION ,rte My name is +�S _ , and my date of birth is / My address is P0 1`J✓ (amu (ter) (State) (zlp code) (country) I dedare under penalty of perjury that the foregoing is true and correct f� Executedin [j� County, State of �V on this 2 day of d 20-25L. (month) grsar) pnature oftedlVent of conbacling business entity (Decent) Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us Version V1.1.3a6aaf7d