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HomeMy WebLinkAboutResolution - 2013-R0135 - Agreement - BSA Consulting Engineers PLLC - Civic Center Renovations - 05/01/2013Resolution N0. 2013-RO135 Xay 1, 2013 Item No. 5.15 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, a Professional Services Agreement for renovations at the Lubbock Memorial Civic Center, by and between the City of Lubbock and BSA Consulting Engineers, PLLC, 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 May 1, 2013 G VROBERTSON, MAYOR ATTEST: L).o,- - Reb ca Garza, Cit.y-g-e—cretaU APPROVED AS TO CONTENT: Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES. PSA -BSA Consulting Engineers March 25, 2013 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 9th day of May, 2013, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and BSA Consulting Engineers, PLLC. (the "Engineer"), a Texas corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in design and professional construction oversight of electrical and mechanical engineering to provide recommendations on methods to replace interior and exterior lighting fixtures, electrical systems, sidewalks, wireless internet, automated HVAC controls and seating replacement at the Lubbock Memorial Civic Center (the "Project"); WHEREAS, Engineer has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for the price provided herein, said price stipulated by City and Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with Engineer to perform services related to the Project and Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities and within such time frames, as set forth: a) field review and documentation of the existing conditions after demolition, b) construction drawings, 78760 G:/Civic Center Renovations/BSA contract 4/29/2013 c) specifications, and d) assist with bidding and contract administration of the Project. ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be as provided in Exhibit "A," attached hereto not to exceed $206,100. This amount shall be invoiced to the City monthly for work performed. 2.02 This Agreement shall expire 18 months from date of execution. Additionally, the City may terminate this Agreement by providing written notice to Engineer at least 30 days prior to the effective date of termination as provided in such notice. 2.03 The Engineer's compensation is based on immediate authorization to proceed and timely completion of the Project. If the Project timing deviates from the assumed schedule for causes beyond the Engineer's control, the Engineer may request renegotiation of those portions of the compensation affected by the time change. 2.04 This agreement may be amended to include other services as required. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as is exercised by a professional Engineer under similar circumstances and Engineer hereby represents to the City that the Services shall be so performed. Further, Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance 78760 GiCivic Center RenovationsBSA contras 3r-3/2013 2 4.01 of the Services under this Agreement, Engineer and Engineer's employees 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 relating to unemployment insurance, old -age benefits, workers' compensation, labor, personal injury or taxes of any kind. ARTICLE IV Events of Default/Remedies a. City's Defaults/Engineer's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Engineer to perform hereunder, Engineer may, if said default shall be continuing after five days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity or otherwise. b. Engineer's Defaults/City's Remedies. In the event Engineer shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five days notice of such default is deemed received by Engineer, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. 78760 GJCivic Center Renovations/BSA contract 3P213/2013 3 5.01 ARTICLE V Insurance/Indemnity Engineer 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. Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of Engineer 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: Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto: 78760 GJCivic Center Renovations/BSA contract q 3/'x/2013 4 $1,000,000 $1,000,000 $500,000 Per Occurrence Engineer shall further cause any approved subcontractor to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting City against direct losses caused by the professional negligence of the approved subcontractor. The City shall be listed as an additional insured on a primary and non- contributory basis with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation 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 endorsements and waiver of subrogation attached to the policy will be included in the Certificate. Engineer shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. Any termination of workers' compensation insurance coverage by Engineer or any cancellation or non -renewal of workers' compensation insurance coverage for the Engineer shall be a material breach of this contract. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. 78760 G)Civic Center RenovationVRSA contract 3l1-3/1-013 Employer's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee shall also be obtained and maintained throughout the term of this Agreement. If at any time during the life of the Agreement or any extension hereof, Engineer fails to maintain the required insurance in full force and effect, Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Engineer, to the fullest extent permitted by law, shall indemnify, defend and hold City, its officers, agents, employees and elected officials free and harmless from and against any and all claims, losses, and/or liabilities and expenses, and including reasonable attorney's fees as a result of, relating to or arising from Engineer's use or occupation of City owned lands, and/or the performance, operations or omissions under this Agreement to the extent of Engineer's negligence of any kind or type. The indemnity provided herein shall survive the expiration or termination of this Agreement. 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, the former shall control. 78760 G:/Civic Center Renovations/BSA contras 3/33/2013 ARTICLE VI Miscellaneous 6.01 Engineer shall comply with applicable laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein at the time services are performed. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three days after depositing such notice in the United States mail, as set forth above. For City: Freddy Chavez, Civic Services Director 1501 Mac Davis Lane Lubbock, Texas 79401 Facsimile: (806) 775-3240 Email: fchavez@mylubbock.us For Engineer: Carl Wampler, P.E. 14302 FM 1730 Lubbock, Texas 79424 Facsimile: (806) 780-0129 Email: carlw@bsaengineering.com 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION 78760 GJCivic Center RenovationsBSA contmct -7 U-1MO13 I OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement, including the exhibits and attachments hereto, represents the entire and sole agreement between the City and Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent as the parties originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all final documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when Engineer has been compensated as set forth in Section 2.01, above. The City will assume sole liability for 78760 G:/Civic Center Renovaionx/BSA contract p 3/23!1013 D any reuse or modification of the Engineer's work product. The Engineer may make copies of any and all work products for its files. 6.08 A waiver by either City or Engineer 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. 6.09 Except as otherwise provided herein, neither City nor Engineer may assign or subcontract any part of the Services under this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. Engineer may, subject to the right of approval by the City, subcontract certain of the Services to highly qualified professionals. The right of approval of the Engineer's subcontractors is hereby delegated by the City Council of City to the Civic Services Director. The approval by the City of the subcontract requested by Engineer shall not affect the liability of Engineer hereunder to City for the timely performance of the Services as prescribed in this Agreement. The term "Engineer," as used in and for all purposes of this Agreement, includes Engineer's subcontractors and subconsultants. City and Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Engineer. 6.11 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Engineer hereto. 78760 GICivic Center RenovationsBSA contract 3!-3/2013 6.12 The authority to authorize Additional Services, as defined and limited herein, and to act as Owner representative, as contemplated herein, including but not limited to, Exhibit "A," is hereby subject to the City Council approval. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY OF LU OC GLE . ROBE TSON, MAYOR '06-9 e --c — -X/-� Rebe ca Garza, City Secretary APPROVED,AS TO CO T: Scott Snider, Assistant City Manager APIA , VED , S TO FORM: Chad Weaver, Assistant City Attorney BSA CONSULTING ENGINEERS, PLLC R z A 14an� CARL W. WAMPL , P.E., PRINCIPAL 78760 CJCivic Center Renovation%BSA contract 1 O 3/-3/2013 EXHIBIT A CONTRACT FOR ENGINEERING SERVICES Owner: City of Lubbock, Texas Engineer: BSA Consulting Engineers, PLLC Project: Lubbock Memorial Civic Center Renovations DESCRIPTION OF SCOPE OF SERVICES This attachment contains the project description and scope of services for the Lubbock Memorial Civic Center renovations project. The scope of work: Provide complete architectural, mechanical and electrical design documents (plans and specifications) for bidding and construction for the renovations to the Civic Center that shall include: Replacement of interior (Exhibit Hall, Theater & Banquet Hall), Exterior lighting fixtures, electrical systems, sidewalk & planter repairs and modifications, wireless internet, Automated HVAC controls (DDC), Exhibit Hall seating replacement, and Theater seating modification. In addition, BSA shall provide full construction administration (CA) services for project that shall include submittal and shop drawing reviews, RFI responses and regular construction site inspections including final inspections. Contract design documents (CD's) to include all drawings and specifications required for: Architectural: Exterior sidewalks & planters, and Exhibit Hall & Theater seating replacements and modifications Mechanical: Direct Digital Controls (DDC) for air conditioning & ventilation (HVAC) equipment Electrical: Interior (Exhibit Hall, Theater, & Banquet Hall) lighting, exterior lighting, power distribution for new systems Fee Arrangement: Fixed lump sum fee not to exceed $165,850.00 (one hundred, sixty five thousand, eight hundred, fifty dollars) for Base Bid items and a fixed lump sum fee not to exceed $40,250.00 (forty thousand, two hundred, fifty dollars) for additional bid components. The statement for services will not exceed the following percentage of the total fee: Design Development 50% Construction Bid Documents 80% Construction Administration 100% Special Conditions: Upon construction document completion BSA 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 Firm Principal 140 Licensed Architect 120 Licensed Engineer 120 Architect Intern 95 Graduate Engineer 95 Designer Personnel 80 Drafting Personnel 70 Clerical Personnel 55