HomeMy WebLinkAboutResolution - 2001-R0350 - Amendement To Mackenzi Park Contract - Carter & Burgess, Inc. - 09/13/2001Resolution No. 2001-RO350
September 13, 2001
Item No. 48
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, by and between the City of
Lubbock and Carter & Burgess, Inc., an amendment to the Mackenzie Park Outdoor
Amphitheater Contract, dated March 9, 2000, 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 13th day of September 2001.
WINDY SITTON, MAYOR
ATTEST:
Rebecca Garza
City Secretary
APPROVED AS TO CONTENT:
Tommy G nzalez
Assistant City Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
Ccdocs/Amendment to the Mackenzie Park Outdoor Amphitheater Contract.Res
September 13, 20001
Carter ----Burgess
September 4, 2001
Mr. Corbin Pemberton
City of Lubbock
Parks and Recreation Department
P. O. Box 2000
Lubbock, Texas 79457
Resolution No. 2001-RO350
7950 Elmbrook Drive
Dallas, Texas 75247-4925
Phone: 214.638.0145
Fax: 214.638.0447
www.c-b.com
Reference: Amendment to Contract for Mackenzie Park Outdoor Amphitheater
Dear Corbin:
Pursuant to our recent phone conversations and your email correspondence to us on August
21, 2001, Carter & Burgess, Inc. and the City of Lubbock mutually agree to amend the Scope of
Work for Mackenzie Park Outdoor Amphitheater, Contract dated March 9, 2000.
Specifically, the change includes the additional services required to design the increased
program for the project from the original construction budget of $1.5 million to the new
construction budget of $2.25 million. The overall program items include the following:
demolition; earthwork/excavation; electrical service; water service; sewer service;
dressing/storage building (t 3,600); restrooms (t 1,250 SF); stage/cover (t 4,050 SF);
amphitheater seating; ramp; plaza; landscaping; fencing; site lighting; service drive; and theater
lighting/sound/video. The new schedule has our team starting work on Design Development the
week of September 3, with Construction Documents scheduled to be complete by November
30, 2001.
The attached "Authorization for Professional Services" outlines the contract amendment.
Please execute the amendment and return one copy to our office. We are excited to be going
forward again on the amphitheater project.
Sincerely,
C TER& B ESS, INC.
U�u
Philip S. Neeley, ASLA
Associate
PSN/shb
020136000.L01.doc
Attachment
cc: Paul Maute
Carter & Burgess, Inc. Carter & Burgess Architects/Engineers, Inc. Carter & Burgess Consultants, Inc. C&B Architects/Engineers, Inc.
C&B Architects/Engineers, P.C. C&B Nevada, Inc. Nixon & Laird Architects/Eigineers, P.C.
CarternBurgess
PROJECT Additional Design Services for
NAME MacKenzie Park Outdoor Amphitheater
CLIENT City of Lubbock
ADDRESS 1625 13th Street, Lubbock, Texas 79457
Resolution No. 2001—RO350
7950 Elmbrook Drive
Dallas, Texas 75247-4925
Phone: 214.638.0145
Fax: 214.638.0447
—7— .c t
AUTHORIZATION FOR
PROFESSIONAL SERVICES
PROJECT
NUMBER 020136000
hereby requests and authorizes Carter & Burgess, Inc. to perform the following services:
SCOPE Additional services for Professional Landscape Architectural, Architectural and Engineering Design Services for the
City of Lubbock, MacKenzie Park Outdoor Amphitheater, in accordance with increased construction budget from
$1.5 million to $2.25 million. The overall program items include the following: demolition; earthwork/excavation;
electrical service; water service, sewer service; dressing/storage building (*3,600 SF); restrooms (±1,250 SF);
stage/cover (*4,050 SF); amphitheater seating; ramp; plaza; landscaping; fencing; sine lighting; service drive; and
theater lighting/sound/video. The new schedule has our team starting work on Design Development the week of
September 3, with Construction Documents scheduled to be completed by November 30, 2001.
COMPENSATION not to exceed the sum of $105,000.00 to be billed on a monthly basis as work is performed in accordance with
original Scope of Work dated March 9, 2000.
If technical or professional services are fumished by an outside source, an additional 15% shall be added to the cost of the services
for Carter & Burgess, Inc.'s administrative costs.
Approved for CITY OF LUBBOCK, TEXAS
BY: O&AVA
WINDY SITTON
Title: MAYOR
Date: September 13, 2001
ATTEST: �. Q)�,�,
Rebecca Garza
Title: City Secretary
Date: September 13, 2001
APPROVED AS TO CONTENT:
I
Tommy dohzalez
Title: Assistant City Manager
Date:
APPROVED AS TOO FORM:
William de Haas
Accepted for CARTER & BURGESS, INC.
By: j4p-4:�-
AnthonjLW.
Loy , .E.
Title: Vice President
Date: September 4, 2001
Title: Contracts Manager
Date:
Carter & Burgess, Inc. Carter & Burgess Architrcts/Engineers, Inc. Carter & Burgess Consultants, Inc. C&B Architects/Engineers, Inc.
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PROVISIONS
1. AUTHORIZATION TO PROCEED
Signing this form shall be construed as authorization by CLIENT for C&B, Inc. to
proceed with the work, unless otherwise provided for in the authorization.
2. LABOR COSTS
C&B, int.'s Labor Costs shall be the amount of salaries paid C&B, Inc.'s employees for
work performed on CLIENTS Project plus a stipulated percentage of such salaries to
cover all payroll -related taxes, payments, premiums, and benefits.
3. DIRECT EXPENSES
C&B Inc: s Direct Expenses shall be those costs incurred on or directly for the
CLIEI+IT'S Protect, including but not limited to necessary transportation costs including
mileage at C int.'s current rate when its automobiles are used, meals and lodging,
laboratory tests and analyses, computer services, word processing services, telephone,
printing and binding charges. Reimbursement for these EXPENSES shall be on the
basis of actual charges when furnished by commercial sources and on the basis of
usual commercial charges when furnished by C&B, Inc
4. OUTSIDE SERVICES
When technical or professional services are furnished by an outside source, when
approved by CLIENT, an additional amount shall be added to the cost of these services
for C&B, Inc.'s administrative costs, as provided on the reverse side of this agreement.
5. COST ESTIMATES
Any cost estimates provided by C&B, Inc. will be on a basis of experience and
.d,g ment, but since it has no control over market conditions or bidding procedures
C&B, inc. cannot warrant that bids or ultimate construction costs will not vary from these
cost estimates.
S. PROFESSIONAL STANDARDS
C&B, Inc. shag be responsible, to the level of competency presently maintained by other
pracioum professional engineers in the same type of work in CLIENTS community for
the professional and technical soundness, accuracy, and adequacy of all design,
drawings, specations, and other work and materials fumished under this
Authorization. C&8, Inc. makes no other warranty, expressed or implied.
7. TERMINATION
Either CLIENT or C&B, Inc. may terminate this authorization by giving 30 days' written
notice to the other party. In such event CLIENT shall forthwith pay C&B, Inc. in full for
all worksly authorized and performed prior to effective date of termination. If no
notice of germ nation is given, relationships and obligations created by this Authorization
shall be terminated upon completion of all applicable requirements of this Authorization.
8. ARBITRATION
All claims, disputes, and other matters in question arising out of, or relating to this
Authorization or the breach thereof may be decided by arbitration In accordance with the
rules of the American Arbitration Association then obtaining. Either CLIENT or C&B,
Inc. may initiate a request for such arbitration, but consent of the other party to such
procedure shall be mandatory. No arbitration arising out of, or relating to this
Authorization may include, by consolidation, joinder, or in any other manner, any
additional party not a party to this Authorization.
9. LEGAL EXPENSES
In the event legal action is brought by CLIENT or C&B, Inc. against the other to enforce
any of the obligations hereunder or arising out of any dispute concerning the terms and
conditions hereby created, the losing party shall pay the prevailing party such
reasonable amounts for fees, costs and expenses as may be set by the court.
10. PAYMENT TO CSB, INC. I INTEREST ON PAST -DUE AMOUNTS
pMInterest at the rate of 1 %OA
eoMhy invoices will be issued by C&B, Inc. for all workfpetpsesrfor med under the terms of
this agreement. Invoices are due and payable on Interestcha
rgedged o colleeded all
excesssuof the highest legalnra permitted
i l b a applied to the
principal amount owing to C&B, Inc., and if such interest exceeds the principal balance
of CLIENTS indebtedness to C&B, Inc., will be returned to CLIENT. It is the Intent of
C&B, Inc. and CLIENT to abide by all applicable laws regulating the maximum amount
of interest which may be charged. To the greatest extent allowed by applicable law,
CLIENT and C&B Inc. agree that in the event CLIENT and C&B, Inc. enter into any
compromise or
on asettlernmern calling forthe payment of past due principal and accrued and
pa y past -due Invoice, C&B, Inc, may charge and CLIENT agrees to
pay Interest on such combined past due principal and accrued and unpaid interest
amount (the 'New Principal Balance) at the rate of 1'%% per month or at the highest
rate allowed by law, subject, as provided herein, to C&B, Inc.'s agreement to credit
excess interest or return same to CLIENT after the New Principal Balance is paid.
11. LIMITATION OF LIABILITY
C&B, Inc.'s liability to the CLIENT for any cause or combination of causes is in the
aggregate, limited to an amount no greater than the fee earned under this agreement.
12. ADDITIONAL SERVICES
Services in addition to those specified in Scope will be provided by C&B Inc. if
autl prized in writing by CLIENT Additional services will be paid for by CLIENT as
indicated in the Letter of Proposal Task Authorization, or such other document as
deemed appropriate by CLIENT and C&B, and which is referenced under
Compensation.
13. SALES TAX
In accordance with the State Sales Tax Codes, certain surveying services are taxable.
Applicable sales tax is not included in the above proposed fee. Sales tax at an
applicable rate will beTndicated on invoice statements.
14. SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act of 1989, the client is
informed that any complaints about surveying services may be forwarded to the Texas
Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas
78752,(512)452-9427.
15. TERMINATION FOR NON-PAYMENT OF FEES
C&B, Inc. may terminate this contract by giving written notice if any C&B, Inc. invoice
remains unpaid for more than sal (60) days. C&B, Inc.'s right to terminate this contract
shall not be waived by C& 1, nc.'s continued performance during any period of
investigation by C&B, Inc. to determine the reasons for CLIENTS nonpayment.
In case any one or more of the provisions contained in this Agreement shall be held
illegal, the enforceability of the remaining provisions contained herein shall not be
impaired thereby.
REV 03/98