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HomeMy WebLinkAboutResolution - 3677 - Agreement - Fanning Fanning & Associates - HVAC Equiment, LMCC & MAC - 08/08/1991DGV:js RESOLUTION Resolution No. 3677 August 8, 1991 Item #27 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 Engineering Services Agreement between the City of Lubbock and Fanning, Fanning & Associ- ates, Inc. for professional services to assist in overseeing the Maintenance Contracts for the HVAC Mechanical and Automation equipment located in the Lubbock Memorial Civic Center and Municipal Auditorium/Coliseum, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Reso- lution as if fully copied herein in detail. Passed by the City Council this 8th ATTEST: n a APPROVED AS TO CONTENT: V—anf McVay, Direc or ofooqplf Centers APPROVED AS TO FORM: umala G. vanaiver,—rirs City Attorney day of August , 1991. B. C. MCMINN,&-MAYO Resolution No. 3677 August 8, 1991 Item #27 ENGINEERING SERVICES AGREEMENT This Agreement is made this the 8th day of August , 19 91 . BETWEEN The City of Lubbock, Texas, the Owner, and Fanning. Fanning & Associates, Inc., the Engineer. A. SCOPE OF THE WORK Provide professional services to assist in overseeing the Maintenance Contracts for the HVAC Mechanical and Automation equipment located in the Lubbock Memorial Civic Center and Municipal Auditorium/Coliseum. B. BASIC SERVICES The Engineer shall provide professional services as follows: 1. Conduct monthly inspections to observe and evaluate the performance of the Maintenance Contractor as it pertains to the Maintenance Contracts and Specifications in force. 2. Services shall include visual inspection of all HVAC equipment covered by the Maintenance Contracts, includ- ing, but not limited to, boilers, chillers, air handlers, filters, valves, belts, cooling towers, pumps, bearings, insulations, and fans. 3. Prepare a written report regarding the Contractor's compliance to the Maintenance Contracts following each monthly inspection or any additional inspections made at the request of the Owner. The written report shall be furnished within ten (10) days of each inspection to the following: Civic Center Deputy Director for Booking/Operations Civic Center Operations/Engineering Superintendent Contractor C. 19 E. 4. Respond to calls from the City to investigate problems that involve maintenance of the equipment and the perfor- mance of the Contractor. 5. The Primary Inspector directing the work will remain constant throughout the term of this agreement to insure continuity and proper follow up. The alternate inspector will be familiar with the project in the event that the Primary Inspector is unavailable. THE OWNER'S RESPONSIBILITIES 1. Owner,will make the facility available for inspections during normal working hours (Monday through Friday 8:00 A.M. - 5:00 P.M.) or in the case of emergency inspections requested by Owner. 2. Owner will notify Engineer should there be any changes, amendments, or revisions to the Maintenance Contracts which would affect equipment to be inspected. ENGINEER'S RESPONSIBILITIES The Engineer shall not be responsible for the acts or omis- sions of any contractor, subcontractor, supplier, or the agent or employee of any contractor, subcontractor or supplies in the performance of this Agreement; however, nothing herein shall be construed to release Engineer from liability for failure to properly perform the duties and responsibilities assumed by the Engineer pursuant to this Agreement. COMPENSATION AND PAYMENT The Owner agrees to pay the Engineer as compensation for the basic services as outlined in this Agreement, the sum of $20,000.00 1. Payments for basic services shall be made in Twenty -Four (24) equal monthly payments. - 2 - F. G. ftF 2. Engineer shall submit monthly invoices to Owner at the following address: Lubbock Memorial Civic Center 1501 6th Street Lubbock, Texas 79401 CONSULTANTS Should Engineer wish to retain consultants during the pro- cess of the work to be performed under this Agreement, it is specifically understood and agreed that any consultant retained by the Engineer shall be at Engineer's expense; however, the Owner reserves the right to approve such con- sultants and the conditions of their employment. It is further understood that the Owner may retain consultants and that the expense for the same shall be borne by the Owner. NONDISCRIMINATION IN EMPLOYMENT There shall be no discrimination against any employee or applicant for employment because of race, religion, color, national origin, age, handicap, or sex. INSURANCE Prior to the time Engineer is entitled to commence any part of the services under this Agreement, Engineer shall procure, pay for, and maintain the following insurance written by com- panies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to Owner. The in- surance shall be evidence by delivery to Owner on one (1) certificate of insurance, executed by the insurer, listing the coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirement of Texas law, or (2) a certified copy of each policy, including all endorse- ments. The insurance requirements shall remain in effect throughout the term of the Agreement. 1. Professional Liability Insurance (including errors and omissions) with minimum limits of $500,000 per claim. 2. General Liability Coverage with a minimum of $500,000 per claim. - 3 - 3. Comprehensive Automobile Liability Insurance. The Engineer shall have Comprehensive Automobile Liability Insurance with limits of not less than: Bodily Injury $250/$500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -Ownership Liability Hired and Non -Owned vehicles 4. Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees whether employed by the Engineer or any Subcontractor on the job with Employer's Liability of at least $100,000 limit. Engineer shall furnish Owner certificates of insurance which shall include a provision that such insurance shall not be cancelled without at least thirty days written notice to Owner. I. TERMINATION OF AGREEMENT This Agreement may be terminated by either party on thirty (30) days written notice to the other party for failure or refusal to perform in accordance with the terms and condi- tions of this Agreement. Such termination shall be made by the Owner, giving written notice directed as follows: Fanning, Fanning & Associates, Inc. Consulting Engineers 2555 74th Street Lubbock, Texas 79423 likewise, termination by the Engineer shall be accomplished by directing written notice to: Civic Centers Director Lubbock Memorial Civic Center 1501 6th Street Lubbock, Texas 79401 - 4 - In the event of termination, the Engineer shall be paid his compensation for services performed to termination date based upon completion of services performed to termination date. Copies of reports to date of termination will be furnished to Owner on date of termination. J. SUCCESSORS AND ASSIGNS The Owner hereby binds itself, its successors, assigns and legal representatives to the Engineer in respect to all stipu- lations, terms, and covenants of this Agreement; and likewise, the Engineer hereby binds himself, his successors, assigns and legal representatives to the Owner, in respect to all stipula- tions, terms and covenants of this Agreement. K. ASSIGNMENT Neither the Owner nor the Engineer shall assign, sublet, or in any manner transfer it or their respective interest in this Agreement to any other person, individual, firm, corporation or other interest without prior written consent of the other respective party. L. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Engineer and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instru- ment signed by both the Owner and the Engineer. M. APPLICABLE LAW This agreement shall be considered to be performed in Lubbock County Texas. N. DESIGNATION OF REPRESENTATIVE Owner hereby designates the City manager of the City of Lubbock or the person designated as his representative, as its duly authorized and designated representative to act for and on behalf of Owner. - 5 - M S. ARBITRATION All questions of dispute under this Agreement shall be sub- mitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, other- wise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each arbiter shall be resident of the City of Lubbock. Should ei- ther party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless ei- ther or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all pro- ceedings shall be according to and governed by Arbitration Statutes of Texas. The decision of the arbiters upon any question submitted to arbitration under this contract shall be condition precedent to any right of legal action. The arbiters are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, any may assess the costs and charges of the arbitration upon ei- ther or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. TERM OF AGREEMENT The term of this agreement shall be for two (2) years, com- mencing on September 1, 1991 and ending on August 31, 1993, subject to extension for additional one (1) year terms there- after, by mutual written agreement of the parties hereto. T. SPECIAL PROVISIONS Special provisions applicable to this Agreement, if any, are as follows: None. THIS AGREEMENT executed the day and year first written above. OWNER: CITY OF LUBBOCK jC $I,.V • • . C. MCMINIf, MAYOR A T: i Ran to Boyd City Secretary APPROVED O CONTENT: Van McVay Director of Civic Cent rs APPROVED AS TO FORM: G._. r D ald G. Vandiver First Assistant City Attorney - 7 - ENGINEER• FANNING, FANNING & ASSOCIATES, INC. 6J&Fi.: ROBERTS, P.E. VICE PRESIDENT