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HomeMy WebLinkAboutResolution - 1996 - Contract - Roberts & Thoma - Roof Structure, Coliseum - 04/11/1985HW:rm RESOLUTION Resolution #1996 April 11, 1985 Agenda Item #34 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 Contract with Roberts and Thoma for professional services in connection with roof structure displacement problems at the Lubbock Municipal 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 Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of ATTEST: , UJTy 5ecreTary AP ED AS TO CONTENT: fm Weston, Director of Community Facilities APPROVED AS TO FORM: M2-� lr �� Darold Willard, Assistant City Attorney Aari1 roar. Resolution #1996 This document has important legal consequences; consultation with an attorney is encouraged. STANDARD FORM OF AGREEMENT BETWEEN ` OWNER AND ENGINEER STUDY AND REPORT PROFESSIONAL SERVICES This is an Agreement made as of April , 198 5 between THE CITY OF LUBBOCK, TEXAS (OWNER) and ROBERTS AND THOMA, Consulting Engineers, (ENGINEER). 2574 74th, Suite 202, Lubbock, Texas 79423. SECTION 1—ASSIGNMENT OWNER wishes ENGINEER to perform profes- sional engineering services, to serve as OWNER's professional engineering representative and to provide professional engineering consultation and advice for a professional fee (as set forth below) in connection with providing a Study and Report with regard to roof structure displace- ment problems at the Lubbock Municipal Coliseum, (the "Assignment"). SECTION 2—BASIC SERVICES OF ENGINEER 2.1. ENGINEER shall perform the following profes- sional services: 2.1.1. consult with OWNER to clarify and define OWNER's requirements relative to the Assignment and review available data; rely in performing services hereunder), and act as OWNER's representative in connection with any such services of others; 2.1.3. provide analysis of OWNER's needs with eval- uations and comparative studies of prospective solu- tions; 2.1.4. prepare a Report of ENGINEER'$ findings and recommendations, furnish, twelve copies to OWNER and present it in person and review it with OWNER. 2.2. The duties and responsibilities of ENGINEER described above are supplemented and amended as indicated in paragraph I of Exhibit A "Further De- scription of Basic Services, Duties of Owner, Method of Payment and Related Matters" which is attached to and made a part of this Agreement. 2.3. Additional professional services related to the As- signment will be performed by ENGINEER on request of OWNER for an additional professional fee as the parties may subsequently agree. SECTION 3—OWNER'S RESPONSIBILITIES 2.1.2. advise OWNER as to the necessity of OWNER's providing or obtaining from others special OWNER shall: services and data required in connection with the As- signment (which services and data ENGINEER is not 3.1. provide all criteria and full information as to to provide hereunder but on which ENGINEER may OWNER's requirements and designate a person with Page l of – _3_ – pages authority to act on OWNER's behalf on all matters concerning the Assignment; 3.2: furnishto ENGINEER all existing studies, reports and other available data and services of others pertinent to the Assignment, and obtain additional reports and data as required; and ENGINEER shall be entitled to rely upon all such information and services in perform- ing services hereunder; 3.3. arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services here- under; and 3.4. perform such other functions as are indicated in paragraph 2 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters". SECTION 4—PERIOD OF SERVICE ENGINEER shall start performing services hereunder within 14 days after receipt of OWNER's written authorization to proceed, which -shall not be given later than 45 days after the date of this Agreement; and will complete such services and submit the Report, by July 15 , 198 5. Additional re- quirements as to the timing of ENGINEER's services in relation to the services of others or the happening of events beyond ENGINEER's control are set forth in paragraph 3 of Exhibit A "Further Description of Basic Services, Duties of Owner; Method of Payment and Related Matters". SECTION 5—PAYMENT 5.1. OWNER shall pay ENGINEER for services ren- dered hereunder plus the cost of all Reimbursable Ex- penses as indicated in paragraph 4 of Exhibit A "Fur- ther Description of Basic Services, Duties of Owner.- Method wner;Method of Payment and Related Matters". 5.2. ENGINEER shall submit monthly statements of services rendered and Reimbursable Expenses. . 5.3. ENGINEER's above charges are on the basis of prompt payment of bills rendered and continuous prog- ress of the work on the Assignment until submission of the Report. 5.4. If OWNER fails to make any payment due EN- GINEER for services and expenses within thirty days after receipt of ENGINEER's bill therefor, the amount due ENGINEER shall include a charge at the rate of 12 % per month from said thirtieth day, and in addition ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services and expenses. SECTION 6 --COST CONTROL 6.1. OWNER's budgetary requirements and consid- erations in respect of the Assignment are set forth in paragraph 5 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and . Related Matters". 6.2. Opinions of probable construction cost, financial evaluations, feasibility Studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by ENGI- NEER hereunder will be made on the basis of ENGI- NEER's experience and qualifications. and represent ENGINEER's best judgment as an experienced and qualified design professional. It is recognized, how- ever, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any util- itarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must of necessity be speculative .until completion of its de- tained design. Accordingly, ENGINEER does not guar- antee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by EN- GINEER to OWNER hereunder. SECTION 7—MISCELLANEOUS 7.1. All documents prepared by ENGINEER pursuant to this Agreement are instruments of service in respect of the facility that is to be constructed. They are not intended or represented to be suitable for reuse by OWNER or others in extensions of the facility beyond that now contemplated or on any other facility. Any reuse by OWNER without written verification or ad- aptation by ENGINEER for the specific purpose in- tended will be at OWNER's sole risk and without lia- bility or legal exposure to ENGINEER. 7.2. The obligation to provide further services under this Agreement may be terminated (a) by OWNER with or without cause upon seven days' written notice to Page 2 of – –3- – pages ENGINEER and (b) by ENGINEER for cause upon seven days' written notice to OWNER. In the event of any termination, ENGINEER will be paid for all ser- vices rendered to the date of termination, all reimburs- able expenses and termination expenses. 7.3. OWNER and ENGINEER, and the respective partners, successors, executors, administrators, as- signs and legal representatives of each are bound by this Agreement to the other party to this Agreement and to the partners, successors, administrators, assigns and legal representatives of such other party in respect of all covenants, agreements and obligations of this Agreement. 7.4. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. 7.3. This Agreement (consisting of 3 pages) and Exhibit A thereto (consisting of 1 pages), con- stitute the entire Agreement between OWNER and ENGINEER and supersede all prior written or oral understandings between them in respect of the subject matter covered hereby. This Agreement and said Ex- hibit A may only be amended, supplemented, modified or cancelled by a duly executed, written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER THE CITY OF LUBBOCK ATTEST: (::n:ette d, City Secretary APPROVED AS TO FORM: 44A& VA�Y�_ Harold Willard, Assistant City Attorney APPROVED AS TO CONTENT: J J Weston, Director of Community Facilities ENGINEER ROBERTS AND THOMA Consulting Engineers Page - -. - of - -1 - pages EXHIBIT A FURTHER DESCRIPTION OF BASIC SERVICES, METHOD OF PAYMENT AND RELATED MATTERS This is an exhibit attached to and made a part of the Agreement dated April , 1985 between THE CITY OF LUBBOCK, TEXAS (OWNER) and ROBERTS AND THOMA, Consulting Engineers (ENGINEER) for study and report,professional services. 1. The Basic Services of ENGINEER as described in Section 2 are amended and supplemented as follows: Scope of Services A. Refine and update the 1979 study, including an updated cost estimate for re -positioning the half - arches. B. Investigate the pros and cons of leaving the structure as it is now. Determine what work to the structure, if any, would be required if this alternative were to be selected with cost estimates. C. Obtain services of outside resources, if required, to assist with A and B above. D. Present the report to the City Council. 2. The method of payment for services rendered by ENGINEER shall be as set forth below and the term Reimbursable Expenses payable to ENGINEER shall have the meaning indicated below: Compensation to be on the following hourly basis: E. E. Roberts. $55.00 per hour R. J. Thoma 50.00 per hour P. K. Gilbreath 20.00 per hour These are total hourly rates including overhead and profit. The estimated total fee for this work would be between $2000 and $4,000. Reimbursable Expenses If the services of an outside resource person are found. to be required, that cost -is estimated'as between $750 and $1500; actual costs to be reimbursed. No other reimbursable expenses are anticipated unless out of town travel became necessary and was authorized. A-1