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HomeMy WebLinkAboutResolution - 2021-R0268 - Contract 15805 with Parkhill 7.27.21ion No. 2021-R0268 Item No. 6.18 July 27, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 15805 for a Public Health/Community Development Facility, by and between the City of Lubbock and Parkhill, a Texas corporation, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on I:1M_tl6.116 Rebe ca Garza, City Secr ary APPROVED AS TO CONTENT: Bill Ho o , eputy ager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney July 27, 2021 DANIEL M. POPE, MAYOR ccdocs/RES.PSA-No. 15805 Health Dept & CD Facility 07.20.21 Resolution No. 2021-RO268 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 15805 is entered into this 27th day of July , 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Parkhill (the "Architect'), a Texas corporation. WITNESSETH WHEREAS, the City desires to contract with the Architect to provide professional services for a Public Health / Community Development Facility (the "Activities"); and WHEREAS, the Architect has a professional staff experienced and is qualified to provide professional services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Architect to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Architect to provide professional services related to the Activities, and Architect desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Architect hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of twenty six (26) months or the completion of the Activities, whichever shall occur last. ARTICLE H. SERVICES AND COMPENSATION A. The Architect shall conduct all activities and within such timeframes as set forth on Attachment "A", attached hereto (the "Services"). Page 1 of 11 B. The Architect shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed Seven Hundred Fifty Eight Thousand Nine Hundred Eighteen and no/100 Dollars ($758,918.00), as set forth in Attachment "A" and for such rates as set forth in Attachment "C". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Architect. In the event this Agreement is so terminated, the City shall only pay the Architect for services actually performed by the Architect up to the date the Architect is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Architect breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. ACKNOWLEDGEMENTS A. Existence. The Architect is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Architect has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2 of 11 of the Architect. This Agreement constitutes legal, valid, and binding obligations of the Architect and is enforceable in accordance with the terms thereof. D. Architect. The Architect maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all applicable laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Architect will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Architect warrants to the best of their information, knowledge and belief that any materials provided by the Architect for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Architect shall be solely responsible for ensuring that any materials provided by the Architect pursuant to this Agreement satisfy this requirement and the Architect agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Architect's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Architect shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Architect and the City agree that the Architect shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Architect has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Architect and the Architect's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 11 ARTICLE VIII. INSURANCE The Architect shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Architect shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Architect to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Per Claim and Annual Aggregate: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Architect shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of the Architect herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Architect shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 11 The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Architect shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Architect maintains said coverage. The Architect may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Architect fails to maintain the required insurance in full force and effect, the Architect shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Architect may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of the Architect, as set forth on Attachment "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub - consultants. The Architect is at all times responsible to the City to perform the Services as provided in this Agreement and the Architect is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Architect shall be required by the Architect to carry, for the protection and benefit of the City and the Architect and naming said third parties as additional insureds, insurance as described above required to be carried by the Architect in this Agreement. The Architect acknowledges that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 11 ARTICLE X. CONFIDENTIALITY The Architect shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES FROM SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REASONABLE EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ARCHITECT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Architect shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIH. NOTICE A. General. Whenever notice from the Architect to the City or the City to the Architect is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 11 B. Architect's Address. The Architect's address and numbers for the purposes of notice are: ParkhillMike W. Moss — Principal -In -Charge 4222 85th Street Lubbock, Texas 79423 Telephone: 806.473.2200 Facsimile: 806.473.3500 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Wes Everett Director Facilities Management P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806.775.2275 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Architect non -confidential studies, reports and other available data in the possession of the City pertinent to the Architect's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Architect's Services under this Agreement (the "Provided Data"). The Architect shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Architect shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Architect's books and records with respect to this Agreement between the Architect and the City. C. Records. The Architect shall maintain records that are necessary to substantiate the services provided by the Architect. Page 7 of 11 D. Assignability. The Architect may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Architect, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Architect, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Architect and the City. I. Entire Agreement. This Agreement, including Attachments "A" thru "C" attached hereto, contains the entire agreement between the City and the Architect, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal agent relationship between the Architect and the City. K. Documents Owned by the City. Any and all final documents, drawings and specifications prepared by the Architect as part of the Services hereunder, shall become the property of the City when the Architect has been compensated as set forth in Article II, above. The Architect shall make copies of any and all work products for its files. Page 8 of 11 L. Notice of Waiver. A waiver by either the City or the Architect of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Architect. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Architect on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to Page 9 of 11 the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe Garza, City Secretary APPROVED AS TO CONTENT: u' WesV. tverett, Director of Facilities nagement A.PDROVED AS TO FORM: lli Leisure, Assistant City Attorney DANIEL M. POPE, MAYOR Firm PARKHILL By: Kre o son, AIA FirnQrioipal Page 11 of 11 ATTACHMENT 'A' Parkhill July 20, 2021 City of Lubbock Wes Everett- Director Facilities Management PO Box 2000 1625131h St Lubbock, TX 79457 (806) 775-2275 RE: Proposal/Scope for Professional Services — Public Health Facility (PHF) Dear Mr. Everett: Parkhill (A/E) is pleased to have the opportunity to provide this proposal for Architectural, Interior Design & Engineering services to The City of Lubbock (Owner) for a new Public Health Facility (Project). SCOPE OF SERVICES The project consists of a renovation of a big -box retail space located at 2015 50'h St. The property was previously occupied by a grocery store and clothing re -sale store. The building is currently divided with a separate tenant (Dollar General). It is the A/E's understanding that the tenant will remain in place due to a long-term lease arrangement. Based upon the space program provided in the Health & Community Development Facility Needs Assessment (dated 11/24/20), the Basic Design Services shall include Architectural, Interior Design, Structural, Mechanical, Electrical and Plumbing Engineering Services, Civil Engineering, Landscape Architecture, and Furniture, Fixtures & Equipment (FF&E). Refer to Attachment 'B' for extent of Scope of Work. The attached Budgetary Analysis "Attachment C" assumes renovation of the building and an addition as required by the Facility Needs Assessment. The A/E has provided a line item for this expense in Attachment C. Total Existing Building Area = 29,325sf (approx.) Existing Tenant Area = 8 635sf (approx.) Space available for Public Health Facility = 20,690sf (approx.) Programmed Area (per 2020 Facility Needs Assessment) = 24 453sf Deficient Area = (3,763sf) The Owner and A/E may rely on this Initial Information. Both parties, however, recognize that the Initial Information may materially change, and in that event, the Owner and the A/E shall appropriately adjust the schedule, the A/E's services, and the A/E's compensation, the Owner's budget for the Cost of Work and the Owner's anticipated design and construction milestones, as necessary to accommodate material changes in the Initial Information. Typical project phases and associated services include: Programming/Scope & Budget Verification The A/E will review the program provided in the Health & Community Development Facility Needs Assessment (dated 11/24/20) with the owner. This review will ensure no significant changes to staffing or services provided have been made since the issuing of the report. \\datal\projects\PENDING PROJECTS\Arch_Pursuing_Pending\Community_PP03COMM.01\5571 City of Lubbock Public Health Fac Reno\00 ADMIN\00 CONTR\COL-Health Dept_Proposal 2021.07.19.docm 4222 85th Street Lubbock. Texas 79423 806.473.2200 Parkhill.com Public Health Facility "Attachment A" Page 2 July 20, 2021 The architect shall prepare a preliminary evaluation of the Owner's program, schedule and budget for the Cost of the Work, selected site and project delivery method (Owner to verify). The A/E will present this evaluation to the Owner and will discuss alternative approaches to the design and construction if necessary. Based upon the Project requirements agreed upon with the Owner, the A/E shall prepare and present, for the Owner's approval, a preliminary Opinion of Probable Cost (OPC) and initial project schedule. The Owner's budget for the Cost of Work is provided in Initial Information and shall be adjusted throughout the Project. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary Opinion of Probable Cost of the Work and the updated Opinion of Probably Cost of the Work, prepared by the architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any Opinion of Probable cost of the Work, or evaluation, prepared or agreed by the Architect. In preparing Opinion of Probable Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the Opinion of Probable Cost of the Work to meet the Owner's budget. The Architect's Opinion of Probable Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such as Supplement Service. As used in this Proposal, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the project site. Both parties acknowledge that the A/E's scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event the A/E or any other person or entity involved in the project encounters any hazardous or toxic materials, or should it become known to the A/E that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of the A/E's services, the A/E may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the Owner retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. Schematic Design Phase The A/E will prepare Schematic Design Documents for the Owner's approval based upon the mutually agreed upon scope above. Drawings shall consist of site plan, preliminary building plans, elevations, and may include mass modeling, perspective sketches or digital renderings. In addition to the drawings listed, room data sheets will also be provided to adequately determine and document equipment necessities, special requirements, etc. 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 govern. Electronic files created by the A/E 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. Public Health Facility "Attachment A" Page 3 July 20, 2021 Design Development Phase Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the A/E shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, typical construction details and diagrammatic layouts of building systems to better determine project size and budget. Outline specifications shall also be provided to further define products and quality expectations. If it is determined that the project will be delivered via CMAR, an estimate of construction cost will be provided by the CMAR at the conclusion of the Design Development Phase of which the Owner and A/E can reply upon. Construction Documents Phase Based upon the Owner's approval of the Design Development Phase Budget and Design Documents, the A/E shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth, in detail, the level of quality and performance criteria of materials and systems for construction of the Work. All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR) — Elimination of Architectural Barriers (EAB) Division for plan review for compliance with TAS requirements. The A/E will include in the design of the Project all changes that are the result of the TDLR plan review. After construction of the project TDLR requires an inspection of the project for compliance confirmation. However, the A/E cannot and does not warrant or guarantee that different rules and or interpretation may be applied to the Owner's Project at the time of the final TDLR inspection. Compliance with changes required by the TDLR final inspection that were not mentioned in the TDLR plan may be required. If the project will be delivered via CMAR, an updated estimate of construction cost will be provided by the CMAR at the 50% 95% and at the conclusion of the Construction Documents Phase of which the Owner and A/E can reply upon. The A/E will also provide updates to the OPC at the 50% and 95% Construction Document submissions to monitor scope changes that may impact costs. Bidding Phase The A/E shall assist the Owner during the Bidding Phase by preparing responses questions during the bidding phase and assisting in selection of qualified contractors. Construction Phase The A/E, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed upon by the Owner and the A/E, (1) to become generally familiar with and to keep with Owner informed about the progress and the quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The A/E shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods and techniques, sequences or procedures or for safety precautions and programs in connection with the Work since these are solely the Contractor's rights and responsibilities under the Contract Documents. The A/E shall not supervise, direct or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely Public Health Facility "Attachment A" Page 4 July 20, 2021 those of the Contractor. The Owner agrees that the general contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Owner's contract with the Contractor. The A/E shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity performing any portions of the Work or any agents or employees of any of them. The A/E does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. The A/E shall review and certify the amounts due the Contractor and shall issue certificates for payment in such amounts in accordance with the Contract Documents. The A/E shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The A/E shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the A/E as provided for the Owner's approval and execution in accordance with the Contract Documents and may authorize minor changes in the Work not involving and adjustment in the contract sum or an extension of the Contract Time which are consistent with the Intent of the Contract Documents. 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. THE A/E shall assist the Owner's Commissioning Agent with their Agent's commissioning activities. The A/E shall provide a Walk-Thru at approximately eleven (11) months after the Date of Substantial Completion to observe Contractor warranty items. Furniture Fixtures and Equipment (FF&E) A/E shall work with the Owner to determine function and furniture pieces to be purchased. A/E will provide an OPC to the Owner for review and for consideration. A/E will select and present furniture selections to the Owner for approval/revision. Selected furniture will be assembled into a furniture specification and furniture layout plan to be used in bidding or procurement of furniture pieces. Furniture items include desks, chairs, storage, filing, conference tables, etc. Furniture layouts will be coordinated with other building equipment such as projectors, phones, copy machines, paper shredders, etc. but typically these items are not selected nor procured from the FF&E scope. A/E will coordinate and oversee the final installation and coordination of ship dates. A/E will conduct a punch list of FF&E items within the scope and coordinate the repaired or replacement of furniture by dealers/manufacturers if necessary. Artwork can be selected and procured using a similar process as described for FF&E services above. If needed, the Scope can be defined, and a fee can be negotiated upon Owner's request. Use of NE's Instruments of Service Drawings, Specifications and other Documents, including those in electronic form, prepared by the A/E and the A/E's Consultants are Instruments of Service for use solely with respect to this project. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the A/E and the NE's Consultants. Services specifically excluded from our Scope of Services include, but are not limited to, the following: ■ Asbestos and Hazardous Materials Studies ■ Third -party Independent Construction Inspection Services ■ Construction Material Testing Public Health Facility "Attachment A" Page 5 July 20, 2021 Texas Department of Health Demolition Notification Preparation of Construction Documents for more than one bid package Phased Construction DELIVERABLES • 100% Schematic Design, 100% Design Development, 100% Construction Documents SCHEDULE Tentatively, the project is scheduled to be completed in 26 months from notice to proceed (NTP). COMPENSATION Please see attached Fee Summary Sheet (Attachment C) for Basic Services. Our fee for the Scope of Basic Services described above will be based on a lump sum amount of $740,918.00 and will be billed on a percentage complete method. Refer to Attachment 'C' for fee sheet. Reimbursable expenses will be billed at invoice cost plus a fifteen percent markup for handling costs and include, but are not limited to travel, postage/shipping, reproductions/copies, color plots/prints, accessibility review and inspection fees, and reproduction of Contract Documents. The reimbursable expense also includes up to three (3) photorealistic renderings. We estimate these expenses to be approximately $18,000.00. If this proposal meets your expectations, you may indicate your acceptance by returning one signed copy to our office. Upon receipt, we will wait to receive your Agreement and will consider receipt of the executed document as authorization to proceed. We appreciate the opportunity to provide professional services to you and look forward to the successful completion of the Public Health Facility. If you have any questions, please do not hesitate to call us. Sincerely, PARKHILL (A/E) By By Kreg Robertson, AIA Firm Principal Ryan A. Wilkens, AIA Sr. Associate CITY OF LUBBOCK (Owner) Accepted By: Title: Daniel M. Pope, Mayor Date: July 27, 2021 "The Texas Board of Architectural Examiners, P. O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-394Z (512) 305-9000, www.tbae.state.tx.us has jurisdiction over complaints regarding the professional practices of persons registered as architects, interior designers, landscape architects in Texas." `i ATTACHMENT 'B' � 1 ww REFRESH PLANTING AND IRRIGATION NEW SEAL COAT AND STRIPING NEW PEDESTRIAN BUFFER } RENOVATIONS TO APPROX 20,690 SF n ADDITION OF 5,513 SF ' EXISTING TENANT TO REMAIN - ..yam 47+• •. ye 'yctj: Y •. R ` ATTACHMENT'C' City of Lubbock Health Facilities Renovation Rate Quant Cost Direct Cost (Fully Burdened Subcontractor) - Primary Facility PHF Finish Out $135.00 20,690 $ 2,793.150 Envelope Renovations: Roofing, Facade, Storefront, Dry -Flood Proofing $ 860,550 Building Addition (if determined to be necessary during programming) $225.00 5,513 $ 1,240,425 Design Contingency - 15.0% ; 548,055 Total Direct Construction Cost $ 5,442,180 GC Overhead & Profit 7.096 380953 Gen Conditions 8.0% $ 435,374 Construction Contingency 5.0% i 272,109 PRIMARY FACILITY TOTAL CONSTRUCTION $287.82 $ 6,530,d16 Direct Cod - Site & Supporting Facilities rrool RollBase, Remove and Replace Asphalt Paving, mil in Loading UocK, Landscaping, Flood Mitigation, Monument Signage $ 304.056 Design Contingency 15.0% - $ 45,608 Total Direct Construction Cost $ 349,664 GC Overhead & Profit 7.0% $ 24,476 Gen Conditions 8.0% ; 27,973 Construction Contingency 5.091. ; 17,483 SITE & SUPPORTING FACILITIES TOTAL CONSTRUCTION $ 419,S97 Construction Cost Escalation to Midpoint of Construction 5.0% $ 347,511 A/E DESIGN FEES & SOFT COSTS A/E Basic Service Professional Fees 8.OD% ; 553,818 rvi ngmeenng ion -sue only. exc u es o -si e unities, mumcrpa improvemen s, platting, site entitlement) $ 51 200 Landscape Architecture - refresh plantings & irrigation; add pedestrian buffer $ 19,700 FF&E Consulting ; 38,900 Investigation/Prepare As-builts ; 11,300 AV/IT/Security Consultant j 36,000 Nurse Call (excluded from proposal) j Surveying Asbestos Survey Geotech ; Move Management Reimbursables Expenses (budget) ; 18000 CONSTRUCTION RELATED SOFT COSTS Commissioning j 60.000 Construction Materials Testing j 9,000 j - OWNER DEFINED SOFT COSTS Undefined Owner Costs Technology 1 000 Communications $ 50000 Fixtures, Furniture, & Equipment j 350.000 Monument Signoge $ 50000 Relocation j ,000 Generator ; 300,000 Misc. Equipment 25,000 Owner Contingency 250,000 • Design fees associated with a potent -al $200,000 grant for "outdoor space" would be approximately $16,000 Total Existing Building Area 29325 sf Fxisfing Tenant Area 8635 sf Space available for Public Health Facility 20690 sf Programmed Area (per Facility Needs Assessment) 24453 sf Deficient Area -3763 sf **NOTE. Opinion of Cost does not constitute a bid. It is a an opinion of what construction is expected to cost at the time the project is bid. Factors such as bid climate, material availability, schedule, and scoping may have a significant impact on actual project costs. thorn Ca Health and Comm Dev roc Needs Assessment.