Loading...
HomeMy WebLinkAboutResolution - 2005-R0378 - Agreement - Pharr & Company - Wind Damage Repair, Silent Wings Museum At LPSIA - 08/25/2005Resolution No. 2005-RO378 August 25, 2005 Item 34 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 an Agreement between the City of Lubbock and Pharr & Company for wind repair damage to the structure housing the Silent Wings Museum at Lubbock Preston Smith International Airport, and all 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 Council. Passed by the City Council this 25th day ATTEST: becca Garza, City Secretary AS TO CONTENT: Loomis, Director of Aviation APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section LC: UATTY/Linda/RES-Pharr Agmt July 1, 2005 CotVTPAc:,T NO. 814 PHARR & COMPANY CONTRACT FOR SERVICES This agreement is made by and between the City of Lubbock (hereinafter called "City"), and Pharr Construction Company, Inc., P.O. Box 2792, Lubbock, Texas 79408 (hereinafter called "Contractor"). WHEREAS, the City desires contracting services to repair wind damage to the soffit and fascia in the building housing Silent Wings Museum at Lubbock Preston Smith International Airport. WHEREAS, Contractor desires to perform as an independent contractor to provide certain contracting services in connection with the Project upon terms and conditions contained in this Contract; NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: I. Description of Work The scope of professional services consists of repair of wind damage by replacing the damaged soffit and fascia in accordance with the original plans and specifications described in BID #001- 02/BM and the Agreement between City and Contractor dated January 23, 2002 (a copy of which is attached and incorporated in this document as if fully set forth), and the additional work described in Section 1.1. 1.1 Contractor Responsibilities Contractor agrees to perform the services described in the Description of Work to repair wind damage and to perform additional work including, but not limited to the following: (a) Reinforce the existing soffit framing and adding additional framing as needed. (b) Replace missing soffit and fascia panels with metal to be approved by the owner. (c) Fabricate new metal to insure proper fit to new and/or reinforced frame. (d) Match exterior appearance of new fabricated metal in the soffit and fascia positions as closely as possible to the existing metal, as approved by the City. (e) Match color and sheen of the new soffit and fascia metal as closely as possible to the existing color. Color and sheen shall be approved by the City. (f) Warrant workmanship, color, and sheen of fabricated metal in soffit and fascia. (g) No repair is included of glass or wall panels. These areas were excluded in the bid. 1.2 City Responsibilities City shall pay the Contractor for Contractor's performance the contract sum of thirty Four Thousand Five Hundred Twenty One and no/100 Dollars ($34,521.00), subject to additions and deductions as provided in the Contract Documents. lin City will designate an individual to act as the City's representative; and this individual shall be Contractor's single point of contact for this Project. Based on applications for payment by Contractor, City shall make monthly progress payments to Contractor. Provided the application is received by City by the thirtieth day of a month, City shall make payment to Contractor not later than the tenth day of the following month. Each application shall be based upon a Schedule submitted by the Contractor which shall allocate the entire contract sum among the various portions of the work. Applications for payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the application. The amount of each progress payment shall be computed by multiplying the percentage completion of each portion of the work by the share of the total contract sum allocated to that portion of the work in the Schedule less retainage of ten percent (10%). Total retainage for the contract sum would be Three Thousand four hundred fifty two dollars and 10 cents ($3,452.10). Final payment, constituting the entire unpaid balance of the contract sum, shall be made by the City to the Contractor when (a) the Contract has been fully performed by the Contractor; and (b) the final project has been approved by the representative of the City. Upon written approval, final payment shall be made by City to Contractor within 30 days. 2. Time for Performance 2.1 The date of commencement is the date from which the Contract time in Section 2.2 is measured, and shall be fixed in a Notice to Proceed issued by the City. 2.2 The Contractor shall achieve substantial completion of the entire work not later than 120 days from the date of commencement. 3. Contract Documents The contract documents in addition to this Agreement, and except for amendments issued after execution of this Agreement are as follows: 3.1 the original plans and specifications described in BID #001-02/BM and the Agreement between City and Contractor dated January 23, 2002 3.2 the General Conditions from BID #001--02/BM and the January 23, 2002 agreement 3.3 the Supplementary Conditions from BID #001-02/BM and the January 23, 2002 agreement 3.4 the Project Manual (specifications) from BID#001-02BM and the January 23, 2002 agreement 3.5 Contractor's proposal to City for wind repair damage dated March 3, 2005. 4. Termination or Suspension 4.1 The Contract may be terminated by City or the Contractor as provided in Article 14 of the General Conditions referenced in Section 3.2 4.2 The work may be suspended by the City as provided in Article 14 of the General Conditions referenced in Section 3.2 5. Governing Law This Contract shall be governed by, subject to, and construed according to the laws of the State of Texas. Contractor agrees to comply with all applicable local, state, and federal laws, regulations, and orders relating to the services, including but not limited to fair and equal opportunity practices and policies. 6. Warranties Contractor warrants that the work performed shall be free of defects and shall be in accordance with the requirements of this Agreement. 7. Assignment This Contract shall not be assignable in part or in its entirety without the prior written approval of Client. 8. Enforcement In the event that it shall become necessary for either party to enforce this Contract as a result of a breach by the other party, each party shall have all of the remedies available to it in law or in equity, including reasonable attorney's fees. 9. Enforceability If any term or provision of this Contract, or its application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract or the application of the term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected by the unenforceable or invalid provision, and each remaining term and provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 10. Insurance 10.1 General. Contractor shall procure and carry, at its sole cost and expense through the life of this contract insurance protection hereinafter specified, in form and substance satisfactory to the Client. Client must approve all policies prior to the commencement of any activities whether performed by the Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of AMI. A Certificate of Insurance specifying each required coverage shall be submitted to Client prior to the execution of this contract. Required insurance shall be prepared and executed by the insurance company or it's authorized agents with the exception of the Workers Compensation insurance, and shall contain an endorsement naming the Client as an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. Required insurance, other than Worker's Compensation, shall provide a waiver of subrogation in favor of Client, and shall contain cross liability and severability clauses. 10.2 Required Coverage. Contractor shall obtain and maintain policies in insurance throughout the contract term in limits specified below. a) Worker's Compensation. The Contractor shall maintain Worker's Compensation and Employer's Liability insurance coverage as required by statute or coverage approved by the City Risk Management Coordinator. b) Commercial General Liability. The Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a minimum of $2,000,000 Dollars ($300,000) combined single limit in the aggregate and per occurrence. Contractor and its insurers providing the required coverages shall waive all rights to recovery against Client and its directors, officers, employees, and agents. 11. Force Majeure Neither the Client nor Contractor shall be required to perform any term, condition, or covenant in this Contract so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, unforeseeable material or labor restrictions by any governmental authority, civil riot, or floods. 12. Notifications All notices, approvals, acceptances, and consents required by this Contract shall be in writing and addressed as follows: City: Contractor: City of Lubbock PHARR & COMPANY Lubbock Preston Smith International Airport P.O. Box 2791 5401 N. Martin Luther King Blvd. Lubbock, Texas 79408 Lubbock, Texas 79403 Executed in duplicate originals by the City and Contractor on this 25th day of August , 2005. CITY: CITY OF MARC YOR ATTEST: In 'C41 ebecca Ga a, City Secretary j P VED AS TO CONTENT: A es Loomis, Airport Director APPROVED AS TO FORM: Linda Chamales, Senior Attorney Office Practice Section CONTRACTOR: PHARR CONSTRUCTION CO., INC. J9ftN K. PHARR, Vice President ror rMSEP. 1. 2005:y.10:30A9, , ,PHARR CONSTRUCTION NO, 1442200FP. 1 /5m Page: 2 or e a—raw CERTIFICATE ©F LIABILITY INSURANCE QUID PxARc-� D"'�` 0�/0/'/'p°09/01/05 PRODUCER THIS CERTIFICATE IS WSUED AS A MATTER OF INFORMATION ,holey Featherston Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATFz DOES NOT AMEND, EXTEND OR P. O. ao,K 97SI3 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Wichita rolls 'TX 76307-7513 DATE (MMlD01W Phone:940-723-7:ui rax:940-322-9549 M INSURERS AFFORDINGCOV15PAGE MAIC# INSURED INSURER Bituminous Casualty Corp20095 INSURER a Texas Mutual Ins Co PYaaxr Construction company inc P O BOX 2751 Lubbock TX 79409-2791 _ INSURER C Great American South Inc INSURER INSURER E X COMMERCIALGENFRALLIABILITY COVERAGES THE rOLICIES OF INSURANCtr LISTED BELOW HAVE BEEN IF—SUED TO THE INSURED NAM M- AEOVE FOR THE POLICY r-ERI00 INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION QF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH 7IS CERTIPICATt MAY BE ISSUED OR MAY PERTAIN. THE v,,;LAJANUE AFFORCED BY TKC POLICIE-,' CJESCRIDED'HFIRLIN. I:: SUEJECT TO ALL THE TERMS, E(CLJSIOW� ANU C:UNUITIONS OF SUCH POLICIE: AGsREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NS'LI TYPE OF INBUHA cr; POLICY NUMBER DATE IMwDD/YYI DATE (MMlD01W LIMITS GE EP -AL LIABII EACH OCCURRENCE $1,000,000 A X X COMMERCIALGENFRALLIABILITY CLR3216270B 07/31/05 07/31/06 PREMS'I(II cocurcncc) $100 1-0 0 CLAIMS MADE OCCUR -0 MED EXP (Arty unts versuri) PERSONAL&ACV INJURY 51, COO, 000 GFNFRAt AGGREeATE %2,000,000 0EN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY KJEC"T LOC AUTOMOBILE LIAEILnY COM6INlarx) LELIMR 61,000,000 A X X ANY AUTO CAP3216161B 07/31/05 07/31/06 IEe �rcdnentl All DWNM AUTOS BODILY INJURY $ SCHEDULED AUrDS (Por aoreon) BODILY INJURY S j{ HIRED ALTOS X WJN-OWNEDAIITOS (Peracciderdl PRCPERTY CAMAoE (Prr Zcridcnil GARAGE: LIAEL[TY AUTO ONLY - EA ACCIDENT L OTHER 7KAN EAACC S ANY AUTO AUTO ONLY AGG $ EXCEBslUM0MLA LIABILITY EACH UUCUNkENL:E 5 3,000,000 A 3t OCCUR acLwrsMADE CUP2576265B 07/31/05 07/31/06 Arr,REGATE x3,000,000 s DEDUCT 19LE _ S X RETENTION $10,000 a WORKERS COMPENSAYION Arm TORv taMlTs B EMPLOY4RS' LIABILITY ANY PROPRIETORIPAATNEWEAECL.MVE TSFOOD1109071. 07/3108 07/31/06 E,L EACHACCIDENT $ 1000000 EL DISEASE - EA EMPLOYEE 11000000 OFFICEWMEMQCRERCLL-OCW 1�fy es, ryyecrtGe under £PEGIAT PROVISION'S below E L. DISEA.SIF POLICY LIMIT $ 10 0 0 0 0 0 OTHER C Builder's Ria,k IMPID38410-05 07/31/05 07/31/06 maxim= 7,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROV00NS CERTIF'1C&TF /SOLDER IS ADDITILONALr INSURED ON GENERAL I,I-A35z:LITY AM BUSINESS AUTO AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATTON PROVIDED ON GENERASI LIABILITY, BUSINESS AUTO, AI3D WORKERS COMPENSATION. A 10 -DAY NOTICE OF CANCELLATION APPLIES FOR NONPAYMENT OF PREMIUM_ *re'v'ised* CERTIFICATE HOLIJER CANCELLATION ijupBC01 SHOULD ANY OF THE ABOVE DESCRIIBED POLICIES BE CANCELLED BEFORE THE EXNAIATTDN DATE THEREOF, THE ISSWNC INSURER WILL ENO11I TO MAUL 30 DAYS WRITTEN P 0 »ox z000 OF 12 0 00 K � o NOTICE TO THE CERTIHOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL IMPOSE NO 00LIaFYI:ATE ATION OR LIABIL4TY OF ANY WIND UPON THE INSURER RS AGENTS OR LUBBOCK TX 79408-2000 REPRUREWATNES. A TIV ACOKP 75 JZUUTJae) (9) ACORD CORPORATION 1989 Frcm;NSEP. 1. 2005n,10:30MAr,ins r;PHARR CONSTRICTION 1l `- i 3► NO. 1 442,2ooEP, 2/5m Page; 3 of a If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(&). If SUBROGATION IS WAIUI-D, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certiflcate holder, nor does it afflrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORP 25 12011U19) r=oom;NiSEP. I- 2005,�t10;30W, ,,,,,,PHARR CONSTRUCTION NO. 1442200,P, 3/5M Page: 4 of G THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. CONTRACTORS ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCiAL GENERAL LiABFLFTY COVERAGE PART 1. SECTION II - WHO IS AN INSURED Is amended to include: Any "owner", "contractor", "construction manager", "enginear" or "architect" if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organlzation(s) be added as an additional insured on your policy but only for the project designated in your written contract or written ,agreement and only wlth respect to "bodily injury," "property damage" or "personal and advertising injury' caused, at least In part, by your negligence and with respect to liability resulting from; A. Your ongoing operations for the additional insured(s), or B, Acts or omissions of the additional insured(s) In connection with their general supervision of such operations. With respect to the insurance afforded such additional insureds pursuant to this endorsement and the above reterenced General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any "suit" seeking damages for 'bodily injury,' "properly damage" or 'personal and advertising injury," Until we receive written notice from the additional insured requesting that we defend ii in the "suit." 2. The Llmlts of insurance applicable to the additional Insureds under this endorsement are those specified in the written contract or agreement requiring this coverage, or as stated in SECTION iff - LiMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever are less. These limits of Insurance are inclusive of and not In addition to the Limits of Insurance described in SECTION III of that form. S. As additional conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Giva written notice to us of an 'occurrence" or an offense which may result in a claim This shall include: (1) How, when and where the "occurrance` or offense took place; (2) The names and addresses o1 any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence' or otfense. b- Give; written notice to us of a claim or 'suit" brought against the additional insured including specifies of the claim or "suit" and the data it was received. e, Give written notice of such claim or "suit," including a demand for defense and indemnity, to any other insurer who had coverage for the claim or'suit' under its policy(ies), either at the time of, or at any time subsequent to the occurrence of the 'bodily injury,' "property damage' and/or the offense causing the "personal and advertising injury," which is the basis for such claims or "suit'_ (1) Such notification must demand the full coverage available under that policy; end GL -4276 (09/03) Froln:NIH P. 1. 2005ay-10.31AM. ...,.PHARR CONSTRUCTION NO. 144224o. -P. 4/5M Page:5 ora (2) The additional Insured shall not take any action to waive or limit such other coverage available to it. 4. This insurance does not apply to: a. "Bodily injury' "property damage' or "personal and advertising injury" occurring after (1) All work on the project (other than service, maintenance, or repairs) io be performed by or on behalf of the additional insured(s) has been completed-, or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princ6pal as a ,part of the same project. b" 'Bodily injury' 'property damage" or "personal and advertising injury" resulting from any act or omission of the additional insured(s) or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. C. '"Bodily injury' "property damage" or "personal and advertising injury" resulting from work performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Conlrolled Insurance Program or Consolidated (wrap- up) Insurance Program. d. "6odiiy injury," "property damage" or "personal and advertising injury": (1) prising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (a) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include_ (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, Surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does not include the general supervision of your operations on such project. (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you In connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added: 'Owner" means a person or organization who has ownership In the project premises, designated In your written contract or written agreement, at which you are performing operations at. rf _497R MWAIN -0- Fmrn:NiSEP- 1. 2005,,.10: 31A9,,i,,g.«PHARR CONSTRUCTION NO, 14472oOeP, 5/5M page= a of e "Contractor" means a person or organization with whom you have agreed in a written contract or written agreement to perform Operations for at the project designated in the wrillun contractor written agreement, "Construction Manager" means a person ar organization designated as °construction manager" in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated in your written contract or written agreement. "Engineer" means a person or organization who has been engaged by the "owner", 'contractor" or "construction manager" to periorm engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. "Archhect" means a person or organization who has been engaged by the "owner", "contractor' or "construction manager" to perform architectural services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. Any coveraga provided herein will be excess over any other valid and collectable insurance available to the additional Insured(s) whether primary, excess, contingent or on any ether basis unless you have ,agreed in a written contract or written sgreemant executed prior to any loss that this insurance will be primary. However, any insurance specifically purchased for a designated project(s), including but not limited to specific additional Insured coverage, owners contractors protective coverage, etc., will ba primary with this Insurance being excess. This insurance will be noncontributory only if you have so agreed In a written contract or wrilten agreement executed prior to any loss and this coverage is determined to be primary, r,l AP7R rng1n'41 _a_