HomeMy WebLinkAboutResolution - 2013-R0022 - Agreement - Armko Industries Inc.- Services For Roof Replacement - 01/10/2013Resolution No. 2013-R0022
January 10, 2013
Item No. 5.12
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, an Agreement for
Architectural/Engineering services for the roof replacement at the Lubbock Memorial
Civic Center, by and between the City of Lubbock and Arntico Industries, Inc., and related
documents. Said Agreement 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 January 10, 2013
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ATTEST:
Reb cca Garza, City Secretat7
APPROVED AS TO
M
Scott Snider, Assistant City Manager
Community Services
APPROVED ORM:
1
Chad Weaver, Assistant City Attorney
m:ccdocs/RES.Agnnt-Armko Industries, Inc.
December 2, 2012
Resolution No. 2013-R0022 CONTRACT 11130
AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND ARMKO INDUSTRIES, INC.
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into this 10th day of January, 2013, by and between the CITY of
Lubbock ("City") and "ARMKO INDUSTRIES, INC", 7302 82nd Street, Suite 14, Lubbock, TX,
79424. (The Engineer).
WHEREAS, City is in need of Architectural and Engineering Services for the Roof
Replacement at the Lubbock Memorial Civic Center, 1501 Mac Davis Lane, Lubbock, Texas.
WHEREAS, ARMKO INDUSTRIES, INC. has the experience and skill required the
Services described above; and
WHEREAS, City desires to contract with ARMKO INDUSTRIES, INC. to perform said
services;
NOW THEREFORE, it is agreed between the parties that:
I. SCOPE OF WORK.
A. Responsibilities: ARMKO INDUSTRIES, INC. agrees to provide all
Architectural and Engineering Services at above said location, and described in
Exhibit A which is attached hereto and incorporated herein as if fully set forth.
B. City Responsibilities: City agrees to pay a not to exceed amount of $132,000
inclusive of all related fees and expenses to ARMKO INDUSTRIES, INC. for the
project cost of performing above described Exhibit A.
II. TIME OF PERFORMANCE
ARMKO INDUSTRIES, INC will begin work promptly after this agreement is signed
and complete the project within three hundred fifty five (355) calendar days of receipt
of Notice to Proceed, unless otherwise agreed between the parties.
III. GENERAL CONDITIONS
A. General Compliance
ARMKO INDUSTRIES, INC. agrees to comply with all applicable federal, state, and
local laws pertaining to architectural and engineering services.
B. Certificate of Insurance
Lubbock Memorial Civic Center Roof Project — Armko Industries, Inc.
Page 1
ARMKO INDUSTRIES, INC. shall obtain and maintain in full force and effect
during the term of this Agreement, commercial general liability, professional liability
and automobile liability coverage with insurance carriers permitted to do business in
the state of Texas. The insurance companies must carry a Best's Rating of A -VII or
better. The policies will be written on an occurrence basis, subject to the following
minimum limits of liability:
Commercial General Liability: $1,000,000
General Aggregate
Products-Comp/Op AGG
Personal & Adv. Injury
Contractual Liability
Professional Liability
Automobile Liability: $ 1,000,000
Combined Single Limit for any auto: $ 500,000 Per Occurrence
The City shall be named as an additional insured with respect to the Automobile
Liability and Commercial General Liability on a primary and non-contributory bases
and shall be granted a waiver of subrogration under those policies. Engineer 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 subrogration attached to the policy will be
included in the Certificate. Copies of all endorsements are required.
C. Hold Harmless
ARMKO INDUSTRIES, INC. hereby assumes full responsibility for the risk of
bodily injury, death or property damages resulting from its performance of this
Agreement and releases for itself, its employees and agents, the City of Lubbock, its
officers, agents, employees or representatives from any and all injury, loss, liability,
damage or costs relating to any claim arising from performance of this Agreement.
ARMKO INDUSTRIES, INC. shall hold harmless, defend and indemnify the City
from any and all claims, actions, suits, charges and judgments whatsoever that arise
out of ARMKO INDUSTRIES, INC. performance or nonperformance of this
Agreement.
D. Governing Law
This Agreement shall for all purposes be construed and enforced under and in
accordance with the laws of the State of Texas.
E. 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 document, this provision shall control.
Lubbock Memorial Civic Center Roof Project — Armko Industries, Inc.
Page 2
F. The City Right to Audit
At any time during the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and at
reasonable times, reserves the right to audit Contractor's records and books relevant to
all services provided to the City under this Contract. In the event such an audit by the
City reveals any errors or overpayments by the City, Contractor shall refund the City
the full amount of such overpayments within thirty (30) days of such audit findings,
or the City, at its option, reserves the right to deduct such amounts owing the City
from any payments due Contractor.
G. Amendments
City or ARMKO INDUSTRIES, INC. may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement and are
executed in writing and signed by both parties.
H. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to
the subject matter.
IN WITNESS HEREOF, the parties have executed this Agreement as of this 10th day
of January ,2013.
CITY OF LUBBOCK ARMKO INDUSTRIES, INC.
GLE'RODFRTSON, MAYOR Brad Draper, RRO, PCI
Vice President
ATTEST:
Re •eca Garza, City Secreta
Lubbock Memorial Civic Center Roof Project — Annko Industries, Inc.
Page 3
APPROVED AS TO CONTE
Scott Snider, Assistant City Manager
APPROVED/AS TO FORM:
Chad Weaver, Assistant City Attorney
Lubbock Memorial Civic Center Roof Project— Armko Industries, Inc.
Page 4
December 3, 2012
Mr, Freddy Chavez
Director of Facilities
Lubbock Memorial Civic Center
1501 Mac Davis Lane
Lubbock, Texas 79401
RE: Roof Replacement Project
Lubbock Memorial Civic Center
Mr. Chavez,
EXHIBIT A
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LU
AWKO
7302 W St. Suite 14
Lubbock, TX 79424
806.833.6953 / FAX 806.833.8539
x .armko.com
Texas Registered Engineering Firm N490
It is the desire of the City of Lubbock to engage the services of Annko to perform roof
consulting services specifically requested by the City of Lubbock. The services to be provided
may relate to some or all of the following: analysis of existing roof components; Instrumented
moisture survey; roof programs; analysis of the construction documents including review of the
exterior elevations, wall sections, parapets, unusual transitions, roof components, door / window
details, plan details; specifications; help in establishing budget forecast; bidding or negotiation
backup; major phase or full -lime quality assurance observations; final observations and
progress payment requests; and/or other work agreed to by the parties. Armko shall perform
any or all of the afore -described services for the City of Lubbock as an independent consultant
and not as an employee.
SCHEDULEA
Building Envelope Analysis
A. Interior and exterior visual examination of roof -related sheet metal, parapets, copings,
flashings, roof mat, deck system, and penetrations and/or projections through the roof
system.
B. Cross-section analysis of core samples of the roof membrane.
C. Analysis of insulation and topside of deck system at core areas.
D. Moisture meter readings of insulation and/or membrane as required.
E. Bitumen chemical analysis if applicable.
F. Establish roof priorities if applicable.
Building Envelope Analysis Report (written and oral presentation)
A. Existing Conditions
B. Recommendations
C. Budget Cost Estimate
D. Existing Condition Photographs
E. Roof Plan
Total for Schedule A: $ 1,500.00
PROPOSAL FOR PROFESSIONAL SERVICES
Page 2 of 4
SCHEDULE B
SCHEMATIC DESIGN - PHASE 1 —15%
A. Perform building evaluation and establishment of the Scope of Work.
B. Identify areas of concern for the new work as well as the existing conditions.
C. Establish tie-in options and weather tightness of the existing facility during demolition.
D. Provide preliminary drawings and or sketches.
DESIGN DEVELOPMENT - PHASE 2 — 20%
A. Development of preliminary drawings, including the following:
1. Roof Plans
2. Roof details
3. Unusual and difficult transitions between walls and roof elements
B. Define major waterproofing elements
C. Define the roofing and waterproofing specifications
CONSTRUCTION DOCUMENT - PHASE 3 — 30%
A. Preparation of the construction documents, including the following:
1. Specifications and establishment of the Scope of Work
2. Compile and print Bid Package and General Conditions
3. Roof Plans
4. Roof Details
5. Unusual and difficult transitions between walls and roof elements
6. Waterproofing details
B. Provide review of architectural drawings for flashing and moisture conflicts including the
following:
1. Wall Sections
2. Exterior Elevations
3. Parapet Details
4. Plans Details
5. Door and Window Details
C. Finalize the project specifications for the roofing and waterproofing sections of the project
manual.
BIDDING - PHASE 4 — 5%
A. Assist in notification to the construction community.
B. Assist at pre -proposal and/or proposal conference.
C. Cooperative evaluation and selection of successful bidder.
CONSTRUCTION - PHASE 5 — 30%
A. Perform submittal review.
B Assist at and/or conduct pre -construction and pre -installation meetings.
C. On-site observations of work (two hours per week maximum).
D. Monthly progress payment request review.
E. Final observations and progress payment request review.
F. Maintain photo manifest of work in place.
G. Provide daily observation reports of each visit to Owner.
Total for Schedule B: 6% of Roofing and Waterproofing contract awarded to successful
contractor or professional fees not to exceed $ 132,000.00
PROPOSAL FOR PROFESSIONAL SERVICES
Page 3 of 4
QUALITY ASSURANCE INSPECTOR
A. Additional visits over and above the two (2) hour on site weekly visit as described in
Schedule C, shall be $65.00 hour.
B. Full-time Quality Assurance Inspector shall be $65.00 per hour, plus reimbursable
expenses, based on one eight hour work day.
REIMBURSABLE EXPENSES
Upon submission of invoices and support documentation, City of Lubbock shall reimburse
Armko for the following expenses:
A. Special reproductions as required.
TERMS
Phases 1-4 for Schedule B will be invoiced at the completion of Phase 4 for 70% of total billable
amount. Balance due of 30% of total billable amount for Schedule B will be invoiced in monthly
increments until completion of project.
Armko shall receive payment within ten (10) days after receipt of invoice by City of Lubbock
according to the aforementioned schedule of fees. Armko's provision of its services hereunder
shall be within its discretion, as shall the hours and days to be worked.
LIMITATION OF LIABILITYIWARRANTIES
With respect to the service to be performed by Armko, pursuant to the terms of this agreement,
Armko shall not be liable or responsible for, and it shall be saved and held harmless by City of
Lubbock from and against any and all claims and damages of every kind, for injury to or death
of any person or persons and for any damage to or loss of property, arising out of or attributed
directly or indirectly to the performance of this contract.
City of Lubbock agrees that Armko shall provide only the services set out herein and that Armko
makes no warranties, express or Implied, with respect to the products it may recommend to their
fitness for a particular purpose. City of Lubbock agrees to look solely to the warranties made by
the contractor and/or manufacturer of said products, including, without limitation, consequential
damages arising out of the use of said product.
ENTIRE AGREEMENT
This agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the services to be rendered to the City of Lubbock by Armko and
contains all of the covenants and agreements between the parties with respect to such
transaction in any matter whatsoever.
PROPOSAL FOR PROFESSIONAL SERVICES
Page 4 of 4
CHOICE OF LAWNENUE
This agreement shall be governed by and construed in accordance with the laws of the State of
Texas and is performable in Lubbock County, Texas.
CANCELLATION
Either party hereto may cancel this agreement in writing upon thirty (30) days written notice.
The contract shall thereafter terminate 30 days after the postmark date of said notice. Nothing
contained herein shall relieve either party from performing hereunder during said 30 day period.
Payment for all services performed prior to the termination date shall be due within five days
after said termination date, unless earlier payment is required under any other provision of this
agreement.
Respectfully,
a o(„ 3A414—t
Brad Draper, RRO, RCI
Vice President