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HomeMy WebLinkAboutResolution - 2006-R0579 - Professional Services Agreement - Parkhill, Smith, & Cooper, Inc. - 12/07/2006Resolution No. 2006-80574 December 7, 2006 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 BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement with Parkhill, Smith, & Cooper, Inc. Said Professional Services Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 7th day of December , 2006.. DAVID y rMAYOR; ATTEST. 0 macre—� Rebecca Garza, City Secretary APPR V; i) AS TO CONTENT: Rob Al ert; Ass ,s 3t City Manager Development Services APPROVED AS TO FORM: Linde L. Chamales, Senior Attorney/ Office Practice Section City Att/LiizdaJR1ES- PSCConf Center November 27, 2006 uuurrruurrsr• uuorfrrr•■..... ■rrrrrffffrurrir■ rrrfffrrrrNrrrfr■ rffrrrrrfrrrrrrlrr NOWN11ruorrfrurr rfru U, 'a 11rP n u � �� � ■ a ■i �� r\ ��■ rfrr ii■ourafrurow ■rauurr.urrru Mr. Rob Allison Assistant City Manager City of Lubbock PO Box 2000 Lubbock, TX 79457 RE: Conference Center in Overton Park - Revised Dear Mr. Allison: Resolution No. 2006—RO579 December 7, 2006 item No. 5.15 November 28, 2006 Parkhill, Smith & Cooper, Inc. (A/E) is pleased to have the opportunity to assist the City of Lubbock as an Owner's Representative during design and construction of the Conference Center in Overton Park. The Conference Center is proposed to have 30,000 gross s.f with a design phase period of six months and construction of 18 months. We understand the scope of services you require to be as described in Attachment A. Specifically excluded from our scope of services are: ■ Surveys and Geotechnical Reports ■ Asbestos and Hazardous Materials Studies ■ Texas Department of Health Demolition Notification Our fees for the services described above will be billed on an hourly basis, estimated at $120,000 (including reimbursable expenses) and will be based on an hourly rate. The current hourly rates are enclosed as Attachment B. Should the scope of services described above change during the Project, the estimated fee will be adjusted either up or down by a mutually agreed upon amount or based on an hourly rate method using the A/E's standard hourly rate schedule. Change in scope as described herein includes longer design, construction or closeout period or increase in building size or different or change of frequency of tasks. Reimbursable expenses will be billed at invoice cost plus a fifteen percent markup for handling costs. Reimbursables expenses include, but are not limited to, mileage, fax communication, long distance phone charges, photographs, postage, reproductions/copies, color plots/prints. Current Texas law does not provide for taxes on professional services other than taxes included with licensing fees. All licensing fees are included in our overhead and will not be in addition to the hourly rates and estimated fees enclosed. However, the legislature is studying different taxation methods including taxes on professional services. if legislation is passed to that effect, taxes (if applicable) will be in addition to the hourly rates enclosed. Fees are billed on a monthly basis and are duc within 30 days of receipt. All fees are due and payable in Lubbock (County, Texas. Parkhill, Smith & Cooper, Inc. Engineers ■ Architects ■ Planners 4222 851h Street, Lubbock, Texas 79423 (806) 473.2200 FAX (806) 473-3500 Lubbock El Paso Mialand Amarillo Odessa Mr. Rob Allison Page 2 November 28, 2006 City of Lubbock Many issues such as the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS) and hazardous materials are of great concern to both building owners and to the design professionals. The enclosed Supplemental Contract Clauses (Attachment C) gives a brief explanation of several of those issues and defines the roles and responsibilities for each party involved in this agreement. We will be glad to discuss these issues with you at your convenience. You may indicate your acceptance of this agreement by returning one signed copy of this letter to our office. Unless another date is specified, we will consider receipt of the letter as authorization to proceed. This Agreement may be canceled by written notice by either party at any time with fees payable to the A/E up to the cancellation date. We appreciate the opportunity to provide professional services to you and look forward to the successful completion of your project. If you have any questions please do not hesitate to call us. Sincerely, PARKHILL, SMITH & COOPER, IN,. CITY OF LUBBOCK By Agree Mary K. Cite , AIA DA v A. MILLER Firm Principal Title: Mayor MKC/pas Date: December 7, 2006 ATTEST Rebecca Garza, City Se etary APPROVED AS TO FORM APPROVED AS M,CONTENT IN DUPLICATE Enclosures "The Texas .Board ofArchitectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000, www. tbae.state. tx. us has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas. " R:5C1eric &AGRW2Dn610verton Conference CentWOCC-Arch Agree-revised.DOC Resolution No. 2006-RO579 ESTIMATING SHEET ACHMENT A '1SED Nov 27, 2006 PROJECT: f Lubbock ConfCntr OwerFJOB NO.: TASK: CATEGORY OF PERSONNEL Slmpe Civil FF ARCH ENG ENG L -ARCH INT DSGN CLERICAL 01 02 03 03 25 12 18 TASK Trips lssist City in review, evaluation and selection 8 if Design and Construction team Attend iterviews if needed. - DELETED 4 lssist City in evaluation of Design and 32 8 'onstruction Team contract, scope and fee. - 4 4 >ossibly 2 REVISE 2 review AE invoices. DELETE 2 8 lttend twice monthly progress/coordination 2 neetings during design phase (assumes six nonth time period). COMBINE W#8 keviewlcomment on proposed achedulelchanges to schedule. REDUCE attend programming meeting to develop initial ;onference center space needs. 1 Review and comment on program documents, vice. REVISE TO 1 REVIEW 1 4ssist City and developer in development of oroposed design criteria & project standards. Provide reviewicomment on two draft and one final criteria document. 4 Review and comment on conceptual site plans, Iloor plans and elevations. Review and comment on proposed standards for maintenance. REVISE During design phase, review and comment on the plans and specifications for conformance to the MDA, functionality, program, code compliance, design criteria standards and Overton Park design guidelines, as well as cost estimates, itemized budgets and schedule - assume 3 reviews REVISE 3 During reviews described above, generally review the hotel portion of the submittal for overall conformance to the MDA and design criteria standards. Review detailed GMP's provided by General Contractor(s) and make recommendations. - 3 reviews Review and evaluate competitive proposals submitted by General Contractor(s) and make recommendations. DELETE Assist City in any necessary "value engineering" to obtain project within budget. DELETE Review and comment on General Contractor construction contract, bonds and insurance policies. DELETE During construction (maximum of 20 months and 80 total visits between all disciplines) PSC will make site observation visits REVISE TO 20 VISITS (1 @ month) 2( 4 4 24 24 8 4 6 8 4 4 2 2 32 8 4 4 4 8 4 2 2 2 8 2 24 24 24 6 4 6 6 3 6 3 2 1 2 20 60 60 5 6 6 Page 1 of 2 2 4 4 8 20 52 16 12 9 14 2 157 ADD for 2 site visits each month 20 20 60 60 5 6 6 157 During construction (maximum of 20 months) PSC will attend monthly progress meetings, review monthly developer reports 20 60 60 During construction (maximum of 20 months) PSC will review and comment on: Change Orders Monthly Pay Applications Shop Drawings and Submittals 20 120 24 4 4 2 174 Develop a "punch list" for the completion of the construction project. Check completion of the punch list with later site visit. REVISE 6 4 16 16 4 4 44 Recommend to the City the date of substantial completion. 2 2 Review close out documents for completeness including: Warranties As -Built Survey Operating Manuals 2 2 Assist Owner (for a three month period) with warranty resolutions. 4 24 40 64 Review and comment on the FFE proposed program and budget. 2 4 6 Review schedule to select, procure and install FFE. 1 2 3 Assist City in selection of design professionals (if any) associated with the FFE. DELETE Review and comment on proposed FFE design criteria standards. 2 4 6 Review and comment (twice) on the FFE drawings and specifications for conformance with the MDA, program, design criteria standards, budget and schedule. 1 2 6 8 Review bids/pricing of the FFE. 2 4 6 Assist in review of bids for FFE and in providing value engineering recommendations to achieve the FFE within budget. DELETE During installation of the FIFE, make periodic site observations, (Assume two days over a two week period) 2 2 16 18 At completion of FFE installation, make a punch list identifying any damaged and missing FFE items. 2 2 4 6 Review developer furnished inventory of FFE for completeness. 2 4 6 Program Management 60 60 BUDGET SUBTOTALS: HOURS/ Trips- 84 321 328 211 36 33 77 5 1011 11 Based on monthly site visits ADD for weekly site visits- DELETED IF - Page 2 of 2 Client: City of Lubbock Project: Conference Center in Overton Park Agreement Date: November 28, 2006 Classification Hourly Rate PROFESSIONAL LEVEL VII Engineer VII Architect VIII Landscape Architect Vlll PROFESSIONAL LEVEL VI Engineer VI Architect VII Landscape Architect VII PROFESSIONAL LEVEL V Engineer V Architect VI Landscape Architect VI PROFESSIONAL LEVEL IV Engineer IV Architect V Landscape Architect V PROFESSIONAL LEVEL III Engineer III Architect IV Interior Designer V Engineering Technologist IV Resident Project Representative IV Landscape Architect IV PROFESSIONAL LEVEL II Engineer 1/I1 Architect III Interior Designer IV Engineering Technologist III Resident Project Representative III Landscape Architect III ATTACHMENT B 151.00 128.00 Resolution; No. 2006—RO579 Parkhill, Smith & Cooper, Inc. Hourly Rate Schedule Current through December 31, 2007 January 1, 2007 Classification Hourly Rate PROFESSIONAL LEVEL 1 67.00 Intern (Architect) I/11 Interior Designer III Intern (Interiors) 11 Engineering Technologist 1/11 Resident Project Representative 1/11 CADD Manager V SUPPORT STAFF III 64.00 Engineering Technician III/IV 114.00 CADD IV Administrative Secretary III SUPPORT STAFF II 59.00 Accounting Clerk 98.00 CADD Clerical Engineering Technician 1/II Administrative Secretary I / 11 82.00 SUPPORT STAFF 1 33.00 Accounting Clerk Trainee CADD Trainee Clerical Trainee 74.00 The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2007 through December 31, 2007. After December 31, 2007, invoices will reflect the Schedule of Charges currently in effect. R Tierica1\AGREEQ00M0vertnn Conference CenterlOCC-wage 2007.doc Resolution No. 2006-RO579 ATTACHMENT C SUPPLEMENTAL CONTRACT CLAUSES Americans with Disabilities Act It is important to understand that the ADA Act is a Civil Rights law and not a building code. The ADA requires the removal of architectural barriers in existing buildings where readily achievable. The term "readily achievable" is flexible and subject to interpretation on a case-by-case basis. In new construction the requirement is to provide accessibility and usability except where an entity can demonstrate that it is structurally impractical to meet such requirements. The requirements of the ADA will therefore be subject to various and possibly contradictory interpretations. The A/E will therefore, use reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local ordinances and regulations as they apply to the project. The A/E, however cannot and does not warrant or guarantee that the Owner's project will comply with interpretations of the ADA or other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the project. Texas Accessibility Standards All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR) - Architectural Barriers Division for preliminary review before bidding for compliance with TAS requirements. The TDLR charges a fee for this review which may either be paid by the Owner or treated as a reimbursable expense by the A/E. After completion of the project TDLR will conduct a final review and charge the Owner an additional fee for the final review. Upon receipt of TDLR's preliminary review comments, an Owner may wish to file a "Request for Variance". Services by the A/E to assist in such a request will be billed as additional services by thc A/E. Similar to the ADA requirements, TAS requirements are constantly evolving due to the changes in interpretation dictated by the court system. The A/E will include in the design of the Project all changes that are the result of the TDLR preliminary review. However, the A/E cannot and does not warrantor guarantee that different rules and or interpretation may be applied to the Owner's Project at the time of the final TDLR review. Compliance with changes required by the TDLR final review that were not mentioned in the TDLR preliminary review will be additional services. Betterment If, due to an error or an omission by the A/E, any required item or component of the project is omitted from the Construction Documents, the A/E shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise add value or betterment to the project. Asbestos, Lead Based Paint and Other Hazardous Materials It is acknowledged by both parties that the A/E's scope of services does not include identification of or abatement of any hazardous or toxic material. In the event that hazardous materials are detected or suspected, the A/E will advise the Owner of the need for the Owner to retain the appropriate specialist to identify and abate such materials. It is recognized that all other work on the project may need to cease until the completion of such abatement. It is the Owner's responsibility in all remodel type work to survey the existing structure for asbestos, lead based paint and other toxic materials. The A/E can assist the Owner in locating firms that provided these services. Insurance The A/E agrees to provide Professional Liability Insurance and General Liability Insurance during the course of the Design and Construction of this project and for a period of 3 years after the completion of the project. Certificates of Insurance can be issued on request. Project specific insurance can be purchased for an additional fee on request. Jobsite Safety Neither the Owner nor the A/E or it's subconsultants shall be held liable for jobsite safety. The Owner agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the A/E and their consultants shall be indemnified and shall be named additional insured under the General Contractor's genera[ liability insurance policy. Dispute Resolution Any claims or disputes during design, construction or post - construction between the owner and the A/E shall he submitted to non- binding mediation. The Owner and the A/E agree to include similar mediation agreements with all contractors, subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Limitation of Liabilities In recognition of the relative risks and benefits of the Project to both the Client and the A/E, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the A/E to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert -witness fees and costs, so that the total aggregate liability of the A/E to the Client shall not exceed the A/E's total fee for services rendered on this Project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Maintenance/Wear & Tear Both the Owner and A/E acknowledge that the Owner, and only the Owner, is responsible for maintenance, wear and tear on the project upon substantial completion. The Owner is responsible for providing routine inspections and maintenance of the project to maintain a safe and weather tight facility. Should the Owner fail to provide routine inspections and maintenance, and damage occur to the project, the A/E is not responsible for any such resultant damage. Ownership of Instruments of Service All reports, drawings, specifications, computer files, field data, notes, data on any form of electronic media, and other documents prepared by the A/E as Instruments of Service shall remain the property of the A/E. The A/E shall retain a common law, statutory and other reserved rights, including copyrights. The A/E grants to the Owner a nonexclusive license to reproduce the A/E's Instruments of Service solely for the purpose of constructing, using and maintaining this Project. The Owner shall not use the Instruments of Service for other projects without prior written agreement of the A/E. ATTACHMENT C The Owner shall not make any modification to the Instruments of Service without the prior written authorization of the A/E. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the A/E against any damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse of modification of the Instruments of Service by the Owner or any person or entity that acquires or obtains the construction documents from or through the Owner without the written authorization of the A/E. Delivery of Electronic Files In accepting and utilizing any form of electronic media generated and furnished by the A/E, the Owner agrees that all such electronic files are Instruments of Service of the A/E. The Owner is aware that differences may exist between the electronic files delivered and the printed hard -copy Contract Documents. In the event of a conflict between the original signed Contract Documents prepared by the A/E and electronic files, the original signed and sealed hard -copy Contract Documents shall govem. Electronic files created by the A1E through the application of software licensed for the sole and exclusive use by the A/E will be furnished to the Owner in read-only format. The Owner is responsible to obtain and maintain software licenses as appropriate for the use of electronic files provided by the A/E. Under no circumstances shall delivery of electronic files for use by the Owner he deemed a sale by the A/E, and the A/E makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the A/E be liable for indirect or consequential damages as a result of the Owner's use or reuse of the electronic files. Consequential Damaees The Owner and the A/E mutually agree to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages. Both the Owner and A/E shall require similar waivers of consequential damages protecting all entities or persons named herein and all contracts and sub contracts with others involved in this project.