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HomeMy WebLinkAboutResolution - 2014-R0076 - Contract - Condray Design Group Inc.- Mae Simmons Citizens And Community Center - 02/27/2014Resolution No. 2014-R0076 February 27, 2014 Item No. 5.26 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. 11748 for architectural services related to renovations of the Mae Simmons Senior Citizens and Community Center, 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. Passed by the City Council on Febzuaarv- 27, 2014 '0�k GL . RCWRTSON, MAYOR ATTEST: ebe ca Garza, City Secret APPROVED AS TO CONTENT: Cc, Wesley D. Everett, Director of Facilities Management APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES. PSC -CDG, Inc. January 30, 2014 Resolutior. No. 2014-R0076 CONTRACT# 11748 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK This Agreement ("Agreement's, effective as of the 27th day of February 2014, is by and between City of Lubbock, Texas ("City'l, a Texas home rule municipal corporation, and Condray Design Group, Inc. ("CDG'J, a Texas "Corporation". WITNESSETH WHEREAS, the City desires to obtain professional Architectural services related to the Renovations of the Mae Simmons Senior Citizens and Community Centers located at 2004 Oak Avenue, Lubbock, Texas (the "Project'; and WHEREAS, CDG has a professional staff experienced and is qualified to provide professional Architectural services related to the Project, and will provide the services, as defined below, for the price provided herein, said price stipulated by City and CDG to be a fair and reasonable price; and WHEREAS, the City desires to contract with CDG to provide professional Architectural services related to the Project and CDG 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 CDG 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 at least one hundred twenty (120) days, as set forth in the receipt of the Notice to Proceed. The term may be altered by subsequent amendments of this Agreement, with the written and authorized consent of both parties. ARTICLE II. SERVICES AND COMPENSATION CDG shall perform the services described in Exhibit A with regard to the Project and payment shall be due and payable upon receipt in accordance with work provided. Payments due CDG under this Agreement shall be electronically transferred either by ACH, or wire transfer to the bank account and in accordance with the bank instructions identified in CDG's most recent invoice in immediately available funds no later than the payment due date. Invoice number, project name and Contract Number shall be referenced in the bank wire reference fields or the ACH addenda information. In the event that such electronic funds transfer methods are not available to City, then payments due CDG under this Page 1 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers Agreement shall be made by check and mailed to the Address identified in the remittance instructions on CDG's most recent invoice. The Remittance Advice document shall be mailed with the check to the address. A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to CDG. In the event this Agreement is so terminated, the City shall only pay CDG for services actually performed by CDG up to the date CDG is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event CDG breaches any term and/or provision of this Agreement the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law or equity, including without limitation, termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION A. The City reserves the right to exercise any right or remedy available to it by law, contract equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. CDG 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. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by CDG. This Agreement constitutes legal, valid, and binding obligations of CDG and is enforceable in accordance with the terms thereof. C. Professional. CDG maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. D. Performance. CDG 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 Architectural services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional Architectural services, as contemplated hereby. Page 2 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers E. Use of Copyrighted Material. CDG acknowledges that any materials provided by CDG for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance relating to the use or reproduction of materials. CDG shall be solely responsible for ensuring that any materials provided by CDG pursuant to this Agreement satisfy this requirement and CDG agrees to indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed on account of CDG's failure to perform this duty. F. CDG acknowledges that it shall perform the Project in accordance with the standards of care and diligence normally practiced by recognized Architectural firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Project it is shown there is an error in the Project caused solely by CDG's failure to meet such standards, and City has promptly notified CDG in writing of any such error within that period, CDG shall perform, at CDG's cost, such corrective Architectural services within the original Scope of Services as may be necessary to remedy such error. ARTICLE VI. SCOPE OF WORK CDG shall accomplish the following: Professional Architectural Services related to the Renovations of the Mae Simmons Senior Citizens and Community Centers, as defined in Exhibit "A". ARTICLE VII. INDEPENDENT CONSULTANT STATUS CDG and City agree that CDG shall perform the duties under this Agreement as an independent consultant and shall be considered as independent consultant under this Agreement and/or in its activities hereunder for all purposes. CDG has the sole discretion to determine the manner in which the services are to be performed. During the performance of the Project under this Agreement, CDG and CDG's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE CDG shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein as described in Exhibit B. CDG 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 CDG to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Page 3 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers Commercial General Liability: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $500,000 Per Occurrence CDG shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for CDG, protecting City against direct losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be named as additional insured with respect to the the Automobile Liability and Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of subrogation under those policies. CDG shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Copies of all endorsements are required. CDG shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, CDG 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 CDG maintains said coverage. CDG may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, CDG fails to maintain the required insurance in full force and effect, CDG shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE IX. EMPLOYMENT OF AGENTS/ RETAINING OF CONSULTANTS CDG may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant', to perform certain duties of CDG provided that City approves the retaining of Sub -consultants. CDG is at all times responsible to City to perform the Project as provided in this Agreement and CDG 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 CDG shall be required to carry, for the protection and benefit of the City and CDG and naming said third parties as additional insureds, insurance as described above in this Agreement. ARTICLE X. CONFIDENTIALITY CDG 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. Page 4 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers ARTICLE XI. INDEMNITY CDG 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 CDG, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS CDG 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 CDG to City or City to CDG 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. CDG 's Address. CDG 's address and numbers for the purposes of notice are: Ken Condray, A.I.A. 1402 Avenue N Lubbock, TX 79401 Telephone: (806) 748-6190 Email: ken@condray.com C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Wesley D. Everett — Director Facilities Management P. 0. Box 2000 1625 13th Street Lubbock, TX 79457 Telephone: (806) 775 — 2275 Email: Weverett@mylubbock.us Page 5 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers 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 City shall furnish CDG any available data in the possession of the City pertinent to CDG's Services, so long as City is entitled to rely on such data for the performance of CDG's Services under this Agreement (the "Provided Data'. CDG shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. CDG shall provide access to its books and records to the City. The City may audit, at its expense and during normal business hours, CDG's books and records with respect to this Agreement between CDG and City. C. Records. CDG shall maintain records that are necessary to substantiate the services provided by CDG. D. Assignability. CDG 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 CDG, and in the case of City, its respective successors, legal representatives, and assigns, and in the case of CDG, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by CDG and City. Page 6 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers I. Entire Agreement. This Contract, including Exhibits "A" and "B", attached hereto, contains the entire Agreement between the City and CDG, 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 CDG and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by CDG as part of the Project hereunder, shall become the property of the City when CDG has been compensated as set forth in Article II, above. CDG shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either City or CDG of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving 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 CDG. N. Extent of Responsibility. CDG does not guarantee that proposals, bids or actual project costs will not vary from CDG's opinions of probable cost or that actual schedules will not vary from CDG's projected schedules. CDG shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to CDG, to fulfill contractual responsibilities to the Client or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to CDG in Exhibit A, Scope of Services. 0. Unforeseen Circumstances. Except for Client's obligation to make payments, neither party shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond such party's reasonable control. Engineer shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. Page 7 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Condray Design Group, Inc. Glen obe ondr , A.I.A. MayOr resident ATTEST: kca Garza retary APPROVED AS TO CONTENT: t 6 nv Wesley D. E tt APPROVED AS FORM: Chad Weaver, Assistant City Attorney Page 8 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers January 27, 2014 Mr. George Lisenbe City of Lubbock Facilities Management 1626 13`h Street Lubbock, TX 79401 Re: Mae Simmons Community Center and Senior Citizens Center Dear Mr. Lisenbe: Thank you for the opportunity to submit a proposal for this project. DESIGN GROUP,, INC. The proposed scope of services for the project is attached and includes schematic design, design development, preparation of construction documents, bidding, and construction administration. Our proposed design fee is $64,290.00. TDLR plan review & inspection fees as well as other miscellaneous reimbursable expenses will be invoiced at cost plus 5%. Reimbursable expenses will not exceed $2,000 without Owner's written authorization. If there are any questions or if any additional information is needed, please contact me at any time. Sincerely, Ken Condray Condray Design Group, Inc. 1402 Avenue N • Lubbock, Texas 79401 • (806) 748-6190 EXHIBIT A Page 9 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers Site: Scope of Services: Mae Simmons Community Center 1. Repave areas of the parking lot if it is determined that the base has deteriorated. Seal coat the remainder of the parking lot to prolong its life and restripe the pavement. Determine if accessible parking spaces meet grading requirements. 2. Replace concrete entry steps. Exterior Shell: 1. Repoint masonry 2. Install anti -graffiti sealant. 3. Replace door hardware. Interior: 1. Replace damaged Masonite wood paneling in library and large meeting room. 2. Install new flooring in the exercise room. 3.Install new carpet in the library. 4. Replace resilient base. 5. Replace acoustic ceiling tiles in rooms where tiles are stained or broken. 6. If clerestory glazing can be accessed from the interior, repaint the one pane that does not match. 7. Replace kitchen and restroom counters with solid surfaced counters. 8. Install new wall panel between lobby and kitchen to conceal back of appliances. 9. Install new solid phenolic toilet partitions. 10. Install floor transition strip between ceramic tile and terrazzo in restrooms. 11. Repair or replace rusted door and frame. 12. Repaint doors and frames, replace door handsets and kickplates. 13. Modify restrooms to meet accessibility requirements. Mechanical: 1. Replace the roof mounted centrifugal exhaust fans serving the men's and women's toilets. 2. For the two existing rooftop units, provide new programmable thermostats. 3. Replace ceiling cone type supply diffusers or clean, sand, prime and paint. 4. Replace return and exhaust grilles. Plumbing: 1. Replace two counter mounted lavatories with trim at men's and women's toilets when the solid surface tops are installed. 2. Replace the kitchen sink when the solid surface top is installed. 3. Clean fixtures and supplies. Electrical: 1. Clean all fixtures. 2. Replace light fixtures with new fixtures containing electronic ballast and T8 lamps. 3. Replace exit lights with new. 4. Replace emergency lighting units and add new units as needed. 5. Replace exterior incandescent downlights with new LED downlights. 6. Clean wiring devices. EXHIBIT B Page 10 of 10 Condray Design Group Agreement — Simmons Community/Senior Centers Site: Scope of Services: Mae Simmons Senior Center I . Repave areas of the parking lot if it is determined that the base has deteriorated. Seal coat the remainder of the parking lot to prolong its life and restripe the pavement. Determine if accessible parking spaces meet grading requirements. 2. Rebuild north retaining wall. 3. Consider re -grading to improve site drainage. 4. Replace metal ramp railings. 5. Replace concrete entry steps. 6. Replace portions of the concrete ramp where the concrete has heaved upward. 7. Consider replacing the wood fence with masonry or metal. Exterior Shell: 1. Repoint masonry 2. Install anti -graffiti sealant. 3. Replace door hardware. Interior: 1. Install new flooring in the kitchen. 2. Replace vinyl composition tile in rooms where it is cracking. 3. Replace all resilient base. 4. Test for mold, repair damaged drywall in restroom and install fiberglass reinforced panels on the wall. 5. Replace acoustic ceiling tiles in rooms where tiles are stained or broken. 6. Install new cabinets in the kitchen. 7. Replace kitchen and restroom counters with solid surfaced counters. 8. Install new solid phenolic toilet partitions. 9. Repair or replace entry hollow metal door frame that is split at the base. 10. Repaint door frames and replace handsets and kickplates. 11. Restain doors. 12. Modify restrooms to meet accessibility requirements. Mechanical: 1. For both split system units, provide new programmable thermostats. 2. Replace wall return grilles or clean and paint. 3. Replace ceiling mounted supply grilles. 4. Install a wall -mounted exhaust fan in the storage room with the ice -maker. The fan should cycle on a thermostat. Plumbing: 1. Install new kitchen sink and counter -mounted lavatories when the counter tops are replaced. 2. Clean fixtures and supplies. Electrical: 1. Replace light fixtures with new fixtures containing electronic ballast and T8 lamps. 2. Replace exit lights with new. 3. Replace emergency lighting units with new. 4. Replace exterior canopy light and wall -packs. 5. Clean wiring devices.