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HomeMy WebLinkAboutResolution - 2015-R0171 - Contract - Chapman Harvey Architects Inc - Architctural Services, Lewis Fields - 05/28/2015Resolution No. 2015-RO171 Item No. 6.34 May 28, 2015 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. 12375 for professional architectural services related to the architectural, mechanical, and electrical design documents for the renovation of the Lewis Park Ball Fields pressbox, concession, and restroom building, by and between the City of Lubbock and Chapman Harvey Architects, Inc., of Lubbock, Texas, 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 this28th ATTEST: Reb tca Garza, City Secret APPROVED AS TO Scott Snider, Assistant City Manager AS TO Laura,Pratt, Assistant City Attorney Resolution - Chapman Harvey PSC 5.13.15 May 13, 2015 day of May , 2015. GL C. ROBERTSON, MAYOR Resolution No. 2015-RO171 CONTRACT 12375 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract' or "Agreement'), effective as of the 28h day of May, 2015 (the "Effective Date"), is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Chapman Harvey Architects, Inc., a Texas professional corporation authorized to conduct business in Texas ("ARCHITECT") . WITNESSETH WHEREAS, the City desires to obtain professional architectural services related to the architectural, mechanical and electrical design documents for the renovation of Lewis Park Ball Fields Pressbox/Concession/Restroom building. The scope of work includes, ADA compliance, restroom renovations, press box re -configuration and concession configuration as well as minor complimentary work such as limited flat work repair and relocation of drinking fountain. (the "Project'); and WHEREAS, ARCHITECT has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and Architect to be a fair and reasonable price; and WHEREAS, the City desires to contract with ARCHITECT to provide professional engineering services related to the Project 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 Contract, the City and ARCHITECT hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 365 days. If the Architect determines that additional time is required to complete the Services, the City Engineer, may , but is not obligated to, in his 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. Professional Services Agreement 2015 ARTICLE H. SERVICES AND COMPENSATION A. Architect shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ARCHITECT shall receive as consideration to be paid for the performance of the Services set forth in Exhibit "A', an amount to not exceed the sum of Eighty Thousand and 00/100s ($80,000), as provided in Exhibit "B". ARTICLE III. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ARCHITECT. In the event this Agreement is so terminated, the City shall only pay Architect for services actually performed by Architect up to the date Architect is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event ARCHITECT breaches any term and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract 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. 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. ARCHITECT has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. Professional Services Agreement 2015 2 C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ARCHITECT. This Contract constitutes legal, valid, and binding obligations of the ARCHITECT and is enforceable in accordance with the terms thereof. D. Architect. 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. ARCHITECT will and shall conduct all activities contemplated by this Contract 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 engineering services, as contemplated hereby. F. Use of Copyrighted Material. ARCHITECT warrants that any materials provided by ENGINEER for use by City pursuant to this Contract 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. ARCHITECT shall be solely responsible for ensuring that any materials provided by ARCHITECT pursuant to this Contract satisfy this requirement and ENGINEER agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of ARCHITECT's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ARCHITECT shall accomplish the following: Professional Engineering Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ARCHITECT and City agree that ARCHITECT shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. 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, Architect and 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 Professional Services Agreement 2015 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 Architect shall procure and cavy, 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 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. Engineer 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 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 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 Engineer herein, including without limitation, Professional Liability coverage, protecting 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. Architect 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 shall be included in the Certificate. Professional Services Agreement 2015 4 Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, 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, Architect fails to maintain the required insurance in full force and effect, 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 Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract 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 Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS 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 Contract, provided that City approves the retaining of Sub -consultants. ARCHITECT is at all times responsible to City to perform the Services as provided in this Agreement and ARCHITECT 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 ARCHITECT shall be required by ARCHITECT to cavy, for the protection and benefit of the City and ARCHITECT and naming said third parties as additional insureds, insurance as described above required to be carried by ARCHITECT in this Contract. ARCHITECT represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTL&LITY 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. Professional Services Agreement 2015 5 ARTICLE XI. INDEMNITY ARCHITECT 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 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 ARCHITECT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT 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 XIL COMPLIANCE WITH APPLICABLE LAWS 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 Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to City or City to ARCHITECT is required or permitted by this Contract 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. ARCHITECT 's address and numbers for the purposes of notice are: Chapman Harvey Architects, Inc. Attn: Larry G. Harvey 612 Broadway Lubbock, TX 79401 Professional Services Agreement 2015 6 Telephone: (806) 749-1153 Facsimile: (806) 749-1866 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: City Secretary's Office P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 With copy to: Attn: Bridget Faulkenberry P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2671 Facsimile: (806) 775-2686 D. Change of Address. Either parry 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 Contract, 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 A. Provision of Data. City shall furnish ARCHITECT non -confidential studies, reports and other available data in the possession of the City pertinent to ARCHITECT 's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ARCHITECT's Services under this Contract (the "Provided Data"). ARCHITECT shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. Professional Services Agreement 2015 7 ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. 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, ARCHITECT 's books and records with respect to this Contract between ARCHITECT and City. C. Records. ARCHITECT shall maintain records that are necessary to substantiate the services provided by ARCHITECT. D. Assignability. ARCHITECT may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City and ARCHITECT, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of ARCHITECT, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT 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 CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract 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 Contract 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 Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duty authorized and executed by ARCHITECT and City. Professional Services Agreement 2015 8 I. Entire Agreement. This Contract, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and 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 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 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. L. Notice of Waiver. A waiver by either City or 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 City and ARCHITECT. N. Non -Appropriation. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, 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 goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller 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 contract beyond the date of termination. Professional Services Agreement 2015 9 EXECUTED as of the Effective Date hereof and year first above written. Executed in triplicate. CITY OF LUBBOCK GLEN C. RTSO , Mayor ATTEST: je cca Garza, Ci Secretary APPROVEDS TO C NTENT: Bridget Faulkenberry, Parks and Recreation Director APPROVED AS TO FORM: Z t LaurPratt, Assi tant City Attorney Professional Services Agreement 2015 10 EXHIBIT A CONTRACT FOR ARCHITECTURAL SERVICES Owner: City of Lubbock, Texas Architect: Chapman Harvey Architects, Inc. (CHA) Project: Lewis Ball Field Complex Facility Improvements DESCRIPTION OF SCOPE OF SERVICES This attachment contains the project description and scope of services for the Lewis Ball Field Complex Facility Improvements project. The scope of work: Provide architectural services including schematic design phase, design development phase, construction document phase, a bidding phase and a construction administration phase. CHA to provide Construction Documents to include all drawings and specifications required for: The renovation of Lewis Park Ball Fields Pressbox/Concession/Restroom building and other minor work as it directly relates to the building re. Other services provided will be assistance during the bidding phase and construction administration through substantial completion, as -built drawing and project closeout. CHA to provide full construction administration services for the project that shall include submittal and shop drawing reviews, RFI responses, review pay applications and regular construction site inspections. Fee Arrangement: Lump sum fee based on 8% of final construction cost not to exceed $80,000.00 (Eighty thousand dollars). The statement for services will not exceed the following percentage of the total fee. Consulting engineer's fees are included in total fee. Through Design Development 50% Through Construction Documents 80% Through Construction Administration 100% Special Conditions: Upon costruction document completion CHA will provide professional services for all design and scope changes and/or additional services as requested by Client. These services will be provided on an hourly basis at the rates indicated below. Position Hourly Rate Principal $190 Design Architect $160 Design Engineer $160 Intem Architect $120 Intem Engineer $120 Drafter $100 Clerical/Non Technical $80 EXHIBIT "B" April 3. 2015 Dixie Little League 541h and Ave J. Lubbock Complex Renovations Proposed Project Scope ChapmanHarvey A R C H I T E C T S, I N C. Ball Fields 1. Remove existing drinking fountains between the south fields and infill hole with new concrete walk. Rework the existing drinking fountains between the north fields to restore them to full operation. 2. Add area lights to existing field light standards. Additional lights to illuminate the north and south areas between the fields and the concession building. 3. Remove City selected portions of the existing concrete walks. Rebuild the sub -grade in these areas and cast new concrete walks. Concession / Storage/ Restrooms / Press Box Building 1. Completely remove all of the second floor wood construction. The first floor concrete masonry structure is to remain. Remove the upper floor's combustible and rotting wood floor joists, wood roof rafters, wood wall studs, plywood floor, plywood roof deck, exterior metal roof and siding, original evaporative cooling equipment, air-conditioning and heating equipment, electrical power and lighting, P/A system, and all related building components. 2 Design a new fire resistant and lower maintenance second floor structure that will include new Press Boxes, one per field, provide additional equipment storage, provide new air- conditioning and heating system, provide new electrical power and lights, provide rough -in conduits for League provided P/A system, and provide additional exterior security lights mounted to the soffits and / or exterior walls of the new second floor. 3. The new second floor structure to be designed and built of steel, masonry, and concrete. 4 Provide a fire resistant path of egress from the second floor to the ground level. Concession 1. Demolish selected interior concrete masonry walls in order to combine the existing concession, pantry, and field storage rooms into a larger concession, food preparation, and food storage suite. All food preparation and service is to happen from within the redesigned concession suite and not outside by the bleachers. 2. New concession suite is to have new heating and air-conditioning and ventilation system. 3. Evaluate and upgrade the existing sewer system. May require a grease interceptor to be installed. If so, it would be designed and located under the concrete walks. 4. New concession serving counter lights. New suite is to have new electrical power, new appliance power, and lighting throughout. 5. Provide new serving counter and serving windows. Design a new rolling security grill to cover the exterior serving window openings. 612 Broadway 6. Redesign the gates leading to the concession windows so they will operate smoothly. Lubbock•Te= 79401 7• The interior of the redesigned concession suite is to receive all new interior finishes — walls are to be repaired and painted, floors are to be repaired and to receive a protective 806.749.1133 fax 749 1866 epoxy floor sealer, and a new acoustical, low maintenance ceiling system. amhicea chapnunharvey.ccm TBAE— Finn No. OR 981 Celebrating 25 years of service Dixie Little League Project Scope of Work 4-3-2015, Page two 8. Refurbish existing hollow metal doors — repair, paint. Remove all existing wood doors. Provide new security door hardware on all existing refurbished doors and on all new doors. New door hardware to match and be keyed per City instructions. Restrooms 1. Completely remove all existing toilet fixtures, carriers, sewer pipe, water supply pipes, light fixtures, power outlets, and refurbish existing floor drains. 2. Add additional square footage to the west end of the existing restrooms in order to allow for the increased area required for accessibility and to possibly increase the total number of plumbing fixtures in each room. New construction is to match the existing masonry design and not appear as an addition. 3. Design new handicap accessible restrooms for each room 4. Provide new vandal resistant toilet fixtures and accessories — mirror, paper dispenser. 5. Provide new power and lights inside and outside of each toilet room. 6 Rebuild and for replace the existing gate with secure gate that operates more smoothly. Press Boxes 1. Included with the reconstruction of the second floor. Each field to have a press box window. Each window to be protected by a rolling grill. 2. Each press box equipped with rough -in conduit for a league provided P/A system. 3. The press boxes to have new power supply and new lights throughout 4. Depending upon the final City approved design concept, each press box could have its own secured storage closet and secured access door. If one press box was only needed on game day, then all press boxes are not opened to possible vandalism and theft. 5. Enclosed with the new second floor is to be concession storage and equipment storage that is accessed from the second floor but only through separate and secured doors. Again, one does not have to enter a press box in order to access the storage rooms. General 1. City Parks Department folks discussed adding trees and miscellaneous landscaping. At this time, if there is to be any modifications to the existing landscaping or to the existing irrigation system, these items are designed, provided and installed by the City. 2. No renovations to the four existing baseball fields is included in this scope of work. 3. There was some discussion to redesign the existing site parking. No site modifications to the parking, outfield fences, or pedestrian walks is included in this scope of work End of Project Scope TBAE — Firm No BR 961 Celebrating 25 years orservice.