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HomeMy WebLinkAboutResolution - 2879 - Contract - Atcheson & Associates - Fire Station #3, 25Th St & Milwaukee Ave - 07/14/1988DGV:da RESOLUTION Resolution #2879 July 14, 1988 Item 14 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 Architect- ural Services Agreement by and between the City of Lubbock and Atcheson & Associates to provide professional services for the construction of Fire Station No. 3, 25th & Milwaukee Avenue, 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 Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of July , 1988. . i1a c 1tt .C. MCMTNN; MAYOR ! Kanett@ tioya, uity secreta DD. APPRWEAS TO CONTENT: Rita Harmon, Assistant City Manager for Public Safety & Services APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney Resolution #2879 ARCHITECTURAL SERVICES AGREEMENT This Agreement made this the 14th day of July 1988, between the City of Lubbock, Texas, the Owner, and Atcheson & Associates, 4601 50th Street, Suite 203, Lubbock, Texas 79414-3315. A. SCOPE OF THE WORK Provide professional services to prepare plans and specifications, assist in receiving bids and provide the administration of construction contracts for the following project: City of Lubbock Fire Station No. 3. 25th & Milwaukee Avenue, Lubbock, Texas. B. BASIC SERVICES The Architect shall provide professional services as follows: 1. Consult with the Owner to ascertain the requirements of the Project and confirm such requirements to the Owner. 2. Prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and the relationship of project components for approval of the Owner and submit to the Owner a statement of probable construction cost. 3. When applicable for the purpose of preparing grant applications, furnish sufficient detail and information to satisfy the requirements of federal, state, county and private funding agencies. 4. Prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to materials, structure, mechanical and electrical systems and such other essentials as may be appropriate and submit to the Owner a further Statement of Probable Construction Cost. THIS AGREEMENT SUBJECT TO ARBITRATION 5. Prepare from the approved Design Development Documents, for approval by Owner, Working Drawings and Specifications. Advise the Owner of any adjustments to the previous Statement of Probable Construction Cost caused by changes in the scope of the work or by general market conditions. 6. Following the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, assist the Owner in obtaining bids or negotiated proposals, and in awarding construction contracts. 7. Provide general administration of the Construction Contract and be the Owner's representative during construction and warranty period. Review contract submittal data and advise and consult with the Owner concerning same. Issue the Owner's instructions to the Contractor. Make periodic visits to the site to maintain familiarity with the progress and quality of the Work and to determine, in general, if the Work is proceeded in accordance with Contract Documents. 8. Based on observations at the site and on the Contractor's applications for payment, determine the amount owed to the Contractor and approve Certificates for Payment in these amounts, subject to the conditions of the Contract Documents. 9. Furnish copies of Schematic Design Studies, Design Development drawings and Contract Documents in quantities as required by the Owner. 10. Furnish one (1) complete set of "As Built" Working Drawings reproduced, one (1) set of reproducible four (4) mil photographic process black line Mylar film prints showing significant changes made during construction process, and three (3) sets of 11 x 17 "As Built" Working Drawings. 11. Provide design compliance with Senate Bill No. 111, Article 678, Chapter 324 Vernon's Civil Statutes, as amended and with any and all federal government handicapped requirements. -2- C. D. THE OWNER'S RESPONSIBILITIES 1. The Owner may furnish such structural, mechanical, electrical, chemical and other laboratory test, inspections and reports as he may deem necessary. A complete survey of the site and utilities serving it, soil analysis and a program of the work, outlining in detail the space requirements and their general relationship will be provided as required by the project. 2. The Owner may furnish -such legal, accounting and insurance counseling services as he may deem necessary for the Project and auditing services as he may require to ascertain how or for what purposes the Contractor has used the monies paid him under the Construction Contract. 3. When continuous field supervision of construction is deemed necessary by the Owner, in addition to the Architect's basic services, the Owner shall bear the cost of such supervisory personnel. This personnel must be mutually acceptable to the Owner and the Architect. CONSTRUCTION COST AND ALTERNATE DEFINITIONS CONSTRUCTION COST Construction Cost based upon all work designed or specified with the authorization and approval of the Owner shall be determined as follows, with precedence in the order listed. 1. For completed construction, the total cost to the Owner of such work. 2. When Project or any part thereof is not constructed, the lowest bona fide bid received from qualified bidder for any or all of such work. 3. For work for which bids are not received, (1) the latest Detailed Cost Estimate or (2) the Architect's latest Statement of Probable Construction Cost. ALTERNATES Alternates may be specifically requested by the Owner and the Architect's compensation shall not be increased thereby. -3- E. F. COMPENSATION AND PAYMENT The Owner agrees to pay the Architect as compensation for the basic services $16,500.00. 1. Payments for basic services may be made monthly in proportion to the service actually performed, but not to exceed the percentages specified at the completion of each phase of work as follows: Schematic Design Phase 15% / $2,475.00 Design Development Phase 20% / $3,300.00 Construction Documents Phase 40% / $6,600.00 Bidding or Negotiation Phase 5% / $ 825.00 Construction Phase 20% / $3,300.00 ADDITIONAL SERVICES Services not included under the Basic Service article of this agreement shall be considered Additional Services. Such Additional Services and related expenses shall be as mutually agreed upon in writing by the Owner and Architect prior to the beginning of any work. Compensation for Additional Services shall be as follows: 1. Direct Personnel Expense Reimbursement for direct personnel expense of those principals, associates and employees of the firm who are assigned to and are productively engaged on the project providing such services as research, designing, preparing drawings and writing specifications. Direct personnel expense shall be based on an amount of 2.5 times the actual cost of salaries normally paid, including mandatory and customary benefits such as statutory employee benefits, insurance, holidays, vacations, pensions and similar benefits. 2. Reimbursable Expenses Architect shall be reimbursed for his direct cost of such expenses as reproduction, postage, out-of-state travel and communications directly related to such agreed additional services. -4- G. H. I. J. K. 3. The cost of preparing change orders due to the Architect's error or omission shall be the responsibility of the Architect. CONSULTANTS It is contemplated that during the process of the work to be performed under this agreement, both parties may wish to retain consultants at their own expense. It is specifically understood and agreed that any consultant retained by the Architect shall be the Architect's expense; however, the Owner reserves the right to approve such consultants 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. CONTINUING SERVICES Following completion of any phase of the work, the Owner may elect to continue, delay, abandon or revise the work. The payment for services accordingly will be as mutually agreed. . 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. ACCOUNTING RECORDS Records of the Architect's direct personnel expenses and records of accounts of reimbursable expenses for which reimbursement is requested shall be kept on a generally recognized accounting basis and shall be available to the Owner. Said records shall be preserved for a period of three years after final payment. 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 conditions of this agreement. Such termination shall be made by the Owner, giving written notice directed as follows: Atcheson & Associates 4601 50th Street, Suite 203 Lubbock, Texas 79414-3315 =� likewise, termination by the Architect shall be accomplished by directing written notice to: City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 In the event of termination, the Architect shall be paid his compensation for services performed to termination date based upon completion of services performed to termination date, and based upon completion of work through any phase under the fee basis as applicable, or on a direct personnel expense basis as mutually agreed. Copies of drawings, specifications or any other materials to date of termination will be furnished to the Owner on date of termination. L. OWNERSHIP OF DOCUMENTS Original Drawings and Specifications as instruments of service are, and shall remain, the property of the Architect whether the project for which they are made is executed or not. The Owner shall be permitted to retain copies, including reproducible copies, of Drawings and Specifications for information and reference in connection with the Owner's use and occupancy of the Project. The Drawings and Specifications may be used by the Owner on other projects, for additions to this project, or for completion of this project by others at no additional charge to Owner. M. SUCCESSORS AND ASSIGNS The Owner hereby binds itself, its successors, assigns and legal representatives to the Architect in respect to all stipulations, terms and covenants of this Agreement; and likewise, the Architect hereby binds himself, his successors, assigns and legal representatives to the Owner, in respect to all stipulations, terms and covenants of this Agreement. N. ASSIGNMENT Neither the Owner nor the Architect 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. -6- O. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and the Architect. P. APPLICABLE LAW This Agreement shall be considered to be performed in Lubbock County, Texas. Q. 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. This designation shall remain in full force and effect until and unless Architect is otherwise notified in writing by Owner and directed to Architect at the address above set forth. R. SPECIAL PROVISIONS Special provisions applicable to this Agreement, if any, are as follows: 1. Exhibit A: Tasks to be performed by Architect. 2. Exhibit B: Supplemental Terms and Conditions. -7- THIS AGREEMENT executed the day and year first written above. OWNER CITY OF LUBBOCK C • B. C. MCMI N, 14AVOR ATTEST: Rane to Boyd, C ty Secr tar APPROVED AS TO CONTENT: ARCHITECT TES Title E /M2/ 11 L Rita Harmon, Assistant City Manager for Public Safety & Services APPROVED AS TO FORM: Dbzlahld G. Vand ver, rst Assistant City Attorney -8- EXHIBIT A TASKS TO BE PERFORMED BY ARCHITECT Architectural Design, including Site Grading. Landscape and Irrigation System Design. Structural/Mechanical/Plumbing and Electrical Engineering. Fire Sprinkler Design (NFPA 13D). All Details and Schedules required for construction. Project Manual with General Requirements and Technical Specifications. On-site observation during construction. Final walk-through at time of substantial completion. Walk-through eleven months after substantial completion. Professional rendering of the facility. Interior Color Selection. Complete Registered Survey. Complete Soil Analysis to determine Soil Bearing Capacity (2 tests). Utility Requirements. Coordinate with City Departments to determine future street grades. Obtain soil testing engineering and surveying services on behalf of Owner and Owner shall reimburse Architect for such services in the amount of: Soil Testing $ 700 Surveying $1,400 TOTAL $2,100 EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS STANDARD OF PERFORMANCE The Architect agrees that it shall use sound and professional principles and practices in accordance with normally accepted Architecting standards in the performance of services hereunder. In the event of negligent performance of services by the Architect with respect to which the Owner gives written notice, the Architect shall proceed expeditiously to modify or correct the services negligently performed. LIMITATION OF LIABILITY The Architect's liability as a result of services performed under this Agreement, whether in contract, indemnity, contribution, tort (including negligence, whether active, passive or of any other kind), or otherwise, including any special, consequential, incidental or penal losses or damages, shall not exceed the dollar amount paid to the Architect for performance of services under this Agreement. FORCE MAJEURE Neither the Architect nor the Owner shall be liable for and is excused from any failure to deliver or perform or for a delay in delivering or performance due to a cause beyond its control, including, but not limited to, acts of nature, governmental actions, fire, labor difficulty, shortages, civil disturbances, transportation problems, interrup- tions of power or communications, failure of either party's suppliers or subcontractors, or natural disasters.