HomeMy WebLinkAboutResolution - 2021-R0257 - Contract 15857 PSA with MWM Architects 7.27.21Resolution No. 2021-R0257
Item No. 6.17
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 fol
and on behalf of the City of Lubbock, Professional Services Agreement No. 15857 for th(
remaining construction administration services for the Public Safety Improvement Project of
Police Substations, by and between the City of Lubbock and MWM Architects, Inc., and relatec
documents. Said Contract is attached hereto and incorporated in this resolution as if fully se
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on
July 27, 2021
�-J
DANIEL M. POP , MAYOR
ATTEST:
Reb ca Garza, City S ret
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Ke i Leisure, Assistant City Attorney
ccdocs/RES.PSA-No.15857 Police Stations MWM
07.12.21
Resolution No. 2021-R0257
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 15857 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 MWM Architects, Inc. (the "Architect"), a Texas corporation.
WITNESSETH
WHEREAS, the City desires to contract with the Architect to provide remaining construction
administration professional services for Public Safety Improvement Project, Three (3) Police Substations
located on three (3) different sites (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 one hundred eighty (180) consecutive days or the completion of the Activities, whichever shall
occur first.
ARTICLE II. SERVICES AND COMPENSATION
A. The Architect shall conduct all activities and within such timeframes as set forth on Exhibit
"A", attached hereto (the "Services").
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B. The Architect shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed Seventy -Seven Thousand One Hundred Seventy -One and 97/100 Dollars
($77,171.97), as set forth in Exhibit "A".
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. REPRESENTATIONS AND WARRANTIES
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
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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 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.
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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-VH 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:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Limit: $1,000,000
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.
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
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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 Exhibit
"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 represents that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
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.
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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 currently in effect at the time of this Agreement.
ARTICLE XIII. 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.
B. Architect's Address. The Architect's address and numbers for the purposes of notice are:
MWM Architects, Inc.
Stephen L. Faulk -- Vice President
2022 Broadway Avenue
Lubbock, Texas 79401
Telephone: 806.745.7707
Facsimile: 806.745.7620
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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.
D. Assignability. The Architect may not assign this Agreement without the prior written approval
of the City.
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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 sudh 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 Exhibits "A" 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 H, above. The Architect shall make copies of any
and all work products for its files.
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
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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. No Boycott of Israel. The Architect warrants that it complies with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by verifying that:
(1) The Architect does not boycott Israel; and
(2) The Architect will not boycott Israel during the term of the Agreement.
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 9 of 10
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
ATTEST:
Reb ca Garza, City Secreta
APPROVED AS TO CONTENT:
Wesle . Everett, Dire Facilities Management
AED AS TO FORM: e, Assistant City Attorney
Firm
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EXHIBIT "A"
VWM
architects
June 8, 2021
Mr. Wesley Everett
Director of Facilities Management
City of Lubbock
1625 13th Street
Lubbock, Texas 79401
Re: Design Services for Three Police Substations located in Lubbock, Texas.
Dear Mr. Everett:
MWM Architects, Inc. is pleased to submit its Proposal to provide and extend it's Design Services for Three (3)
Police Substation located on three (3) separate 4 acre+ sites, located in Lubbock, Texas. Basic Design Services
(as described below) shall include normal Architectural and Structural Design Services. The Mechanical,
Electrical and Plumbing Engineering Services shall be provided by our Mechanical, Electrical and Plumbing
Engineering Consultants and shall be part of our Basic Services. Basic Services include the following Phases of
our Work:
EAST SITE
SCHEMATIC DESIGN PHASE — COMPLETED
DESIGN DEVELOPMENT PHASE - COMPLETED
CONSTRUCTION DOCUMENTS PHASE - COMPLETED
BIDDING OR NEGOTIATION PHASE - COMPLETED
CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT — ON - GOING
The Architect, 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 by the Owner and the Architect, (1) to become
generally familiar with and to keep the Owner informed about the progress and 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 Architect shall not be required
to make exhaustive or continuous on -site inspections to check the quality or quantity of the means,
methods, 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.
MWM Architects, Inc.
2022 Broadway
Lubbock, Texas 79401
Phone(806)745-7707
Fax(806)745-7620
Stephen L. Faulk, AIA
Melanie P. Meixner, AIA
Jason R. Moore, AIA
Joel P. Robinett, P.E.
'The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect In Texas.'
Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305-8900
rwm
architects
The Architect 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 Architect 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 Architect shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect 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 an adjustment in the Contract Sum or an extension of the Contract Time which are consistent
with the Intent of the Contract Documents.
The Architect shall assist the Owner's Commissioning Agent with their Agent's commissioning activities.
The Architect shall provide a Warranty Punch List Walk-thru at approximately eleven (11) months after
the Date of Substantial Completion.
SOUTH SITE
DESIGN PHASE - COMPLETED
CONSTRUCTION DOCUMENTS PHASE - COMPLETED
BIDDING OR NEGOTIATION PHASE - COMPLETED
CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT — ON - GOING
The Architect, 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 by the Owner and the Architect, (1) to become
generally familiar with and to keep the Owner informed about the progress and 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 Architect shall not be required
to make exhaustive or continuous on -site inspections to check the quality or quantity of the means,
methods, 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 Architect 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 Architect 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.
MWM Architects, Inc.
2022 Broadway
Lubbock, Texas 79401
Phone(806)745-7707
Fax(806)745-7620
Stephen L. Faulk, AIA
Melanie P. Meixner, AIA
Jason R. Moore, AIA
Joel P. Robinett, P.E.
"The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas."
Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305-8900
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__....__.]architects
The Architect shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect 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 an adjustment in the Contract Sum or an extension of the Contract Time which are consistent
with the Intent of the Contract Documents.
The Architect shall assist the Owner's Commissioning Agent with their Agent's commissioning activities.
The Architect shall provide a Warranty Punch List Walk-thru at approximately eleven (11) months after
the Date of Substantial Completion.
NORTH SITE
DESIGN PHASE - COMPLETED
CONSTRUCTION DOCUMENTS PHASE - COMPLETED
BIDDING OR NEGOTIATION PHASE - COMPLETED
CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT — ON - GOING
The Architect, 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 by the Owner and the Architect, (1) to become
generally familiar with and to keep the Owner informed about the progress and 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 Architect shall not be required
to make exhaustive or continuous on -site inspections to check the quality or quantity of the means,
methods, 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 Architect 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 Architect 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 Architect shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Architect 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 an adjustment in the Contract Sum or an extension of the Contract Time which are consistent
with the intent of the Contract Documents.
MWIVI Architects, Inc.
2022 Broadway
Lubbock, Texas 79401
Phone(806)745-7707
Fax(806)745-7620
Stephen L. Faulk, AIA
Melanie P. Meixner, AIA
Jason R. Moore, AIA
Joel P. Robinett, P.E.
'The Texas Board of Architectural Examiners has Jurisdiction over complaints regarding the professional practices of persons registered as an architect In Texas."
Texas Board of Architectural Examiners P.O. Box 12337 Austin. TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305-8900
_ _ ... _. ] architects
The Architect shall assist the Owner's Commissioning Agent with their Agent's commissioning activities.
The Architect shall provide a Warranty Punch List Walk-thru at approximately eleven (11) months after
the Date of Substantial Completion.
USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
Drawings, Specifications and other Documents, including those in electronic form, prepared by the Architect
and the Architect's Consultants are Instruments of Service for use solely with respect to this Project.
The Architect and their Consultants shall be deemed the Authors and Owners of their respective
Instruments of Service for the above reference Project and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service for the
above referenced Projects to meet official regulatory requirements or for any similar purposes in
connection with those referenced Projects shall not be construed as publication in derogation of the
reserved rights of The Architect and their Consultants.
Upon execution of this Agreement, the Architect grants to the Owner the first nonexclusive license to
reproduce the Architect's Instruments of Service solely for purposes of constructing, using and
maintaining the Project, provided that the Owner shall comply with all obligations, including prompt
payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive
licenses from the Architect's Consultants consistent with this Agreement. Any termination of this
Agreement prior to completion of the Project shall terminate this license. Upon such termination, the
Owner shall refrain from making further reproductions of Instruments of Service and shall return to the
Architect within seven (7) calendar days of termination all originals and reproductions in the Owner's
possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the
foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting
the Owner to authorize other similarly credentialed design professionals to reproduce and where
permitted by law, to make changes, corrections or additions to the Instruments of Service solely for
purposes for completing, using and maintaining the Project.
Except for the licenses granted elsewhere in this Proposal, no other license or right shall be deemed
granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or
otherwise transfer any license granted herein to another party without the prior written agreement of the
Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -
subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of
Service appropriate to and for use in their execution of the Work by the first granted license. Submission
or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in
connection with the Project shall not be construed as publication in derogation of the reserved rights of
the Architect and the Architect's Consultants. The Owner shall not use the Instruments of Service for
future additions or alterations to this Project or for other future projects, unless the Owner obtains the
prior written agreement of the Architect and the Architect's Consultants. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the
Architect's Consultants.
MWM Architects, Inc.
2022 Broadway
Lubbock, Texas 79401
Phone(806)745-7707
Fax (806)745-7620
Stephen L. Faulk, AIA
Melanie P. Meixner, AIA
Jason R. Moore, AIA
Joel P. Robinett, P.E.
'The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect In Texas."
Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305-8900
EWM
architects
Prior to the Architect providing to the Owner any Instruments of Service in electronic form, the Owner and
the Architect shall by separate written agreement set forth the specific conditions governing the format of
such Instruments of Service or electronic data, including any special limitations or licenses not otherwise
provided in this Agreement.
The Texas Board of Architectural Examiners, P. O. Box 12337, Austin, Texas, 78711-2337; 512-305-
9000, has jurisdiction over individuals licensed under Article 249a Vernon's Texas Civil Statutes,
Regulation of the Practice of Architecture.
Our Basic Service Fee for the Design Work is as follows:
EAST SUBSTATION
Architectural Fee (including structural & MEP)
$488,000.00
FF&E Fee
$22,000.00
Survery/Platting/Zoning, Municipal Improvements,
Site Civil, Bidding/CA (does not include
off -plat easements) *
$102,500.00
Geotechnical
$ 8,000.00
Landscape Architecture
$ 25,000.00
IT/AV/Security
$ 45,000.00
Reimbursable Expenses
$ 22 820.00****
TOTAL EAST FEE
$713,320.00
PAID TO DATE $685,820.11
FEE & REIMBURSABLES REMAINING $ 27,499.89
SOUTH SUBSTATION
Construction Administration
$ 90,000.00
Architectural Design Site Adapt
$ 50,000.00
Structural Adapt
$ 15,000.00
MEP Adapt
$ 25,000.00
Survery/Platting/Zoning, Municipal Improvements,
Site Civil, Bidding/CA (does not include
off -plat easements) **
$ 96,200.00
Geotechnical
$ 8,000.00
Landscape Design Site Adapt
$ 20,000.00
IT/AV/Security Adapt
$ 12,500.00
Reimbursable Expenses
$ 10 140.00****
TOTAL SOUTH FEE
$326,840.00
PAID TO DATE $299,114.12
FEE & REIMBURSABLES REMAINING $ 27,725.88
NORTH SUBSTATION
161 WM Architects, Inc.
2022 Broadway
Lubbock, Texas 79401
Phone(806)745-7707
Fax(806)745-7620
Stephen L. Faulk, AIA
Melanie P. Meixner, AIA
Jason R. Moore, AIA
Joel P. Robinett, P.E.
'The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect In Texas.'
Texas Board of Architectural Examiners P.O. Box 12337 Austin. TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305.8900
TWM
architects
Construction Administration
$ 90.000.00
Architectural Design Site Adapt
$ 50,000.00
Structural Adapt
$ 15,000.00
MEP Adapt
$ 25,000.00
Survery/Platting/Zoning, Municipal Improvements,
Site Civil, Bidding/CA (does not include
off -plat easements) **
$113,200.00 (allowance)***
Geotechnical
$ 8,000.00
Landscape Design Site Adapt
$ 20,000.00
IT/AV/Security Adapt
$ 12,500.00
Reimbursable Expenses
$ 4 165 00****
TOTAL NORTH FEE
$337,865.00
PAID TO DATE
FEE & REIMBURSABLES REMAINING
$315,918.80
$ 21,946.20
GRAND TOTAL OF FEES $ 1,378,025.00*****
GRAND TOTAL FEES & REIMBURSABLES REMAINING $ 77,171.97
* Exhibit B — Anticipated Hugo Reed Services for East 191h Street and MLK Boulevard ("East Site")
** Exhibit C — Anticipated Hugo Reed Services for the "South Site"
***This Allowance will be adjusted once the North Site is identified.
****This Reimbursable item includes the not to exceed Dewberry travel and the TAS Review and Inspection Fee.
It does "not" include any City of Lubbock Fees Associated with the Municipal Improvements It does "not" include
any Contract Document "Bid Set" printing as that expense shall be part of the CM@Risk Services.
*****Please understand that this Fee is a result of only knowing the approximate location of the South Site, not
knowing the location of the North Site and the associated fees to "adapt" the design to those two (essentially)
unknown sites and having to commit to a not to exceed fixed fee.
Even though MWM Architects, Inc. does "not" have any control over the construction time, it is anticipated that the
Work could take some six hundred, sixty (660) calendar days to complete.
MWM's fee(s) does not include Reimbursable Expenses. Reimbursable Expenses shall not be incurred unless
authorized by the Owner. Reimbursable expenses include, but are not limited to:
1. MWM Transportation in connection with the Project, authorized and/or Owner requested out-of-town
travel and subsistence and electronic communications;
2. Fees paid for securing approval of authorities having jurisdiction over the Project other than TAS
Fees;
3. Reproductions, plots, standard form documents, postage, handling and delivery of Instruments of
Service;
4. Other Similar Direct Project -Related Expenditures.
All identification, removal and/or mitigation of any hazardous material associated with the Project shall be the
Owner's responsibility and handled accordingly.
MWM Architects, Inc.
2022 Broadway
Lubbock, Texas 79401
Phone (806)745-7707
Fax(806)745-7620
Stephen L. Faulk, AIA
Melanie P. Meixner, AIA
Jason R. Moore, AIA
Joel P. Robinett, P.E.
"The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas."
Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305.8900
L .
_.) architects
Any work required that is not included under Basic Services or for changes or revisions to any previously
approved design work shall be invoiced at hourly rates as follows:
MWM Architects, Inc.
Agnew Associates, Inc.
Principal $200.00/hr
Principal
$170.00/hr
Architects $175.00/hr
Senior Licensed Engineer
$145.00/hr
Engineer $175.00/hr
Licensed Engineer
$125.00/hr
Engineer -In -Training $90.00/hr
Project Manager
$110.00/hr
Architectural Intern $90.00/hr
Engineer
$100.00/hr
Clerical $60.00/hr
Design Personnel
$85.00/hr
Inspector
$55.00/hr
Support Personnel
$55.00/hr
Dewberry
Hugo Reed and Associates. Inc.
Professional
Principal
$280.00/hr
Professional Engineer - Officer $200.00/hr
Architect I, 11, III
$115.00/hr
Engineering Project Manager
$180.00/hr
Architect IV, V, VI
$165.00/hr
Professional Engineer- Senior
$170.00/hr
Architect VII, VIII, IX
$220.00/hr
Professional Engineer
$145.00/hr
Interior Designer I, 11, III, IV
$150.00/hr
Engineer -in -Training
$110.00/hr
Engineer I, II, III
$125.00/hr
Engineering Intern
$88.00/hr
Engineer IV, V, VI
$175.00/hr
Registered Professional Land Surveyor -Officer $200.00/hr
Licensed State Land Surveyor
$200.00/hr
Engineer VII, VIII, IX
$225.00/hr
Surveying Project Manager
$160.00/hr
Other Professionals I, 11, III
$120.00/hr
Registered Professional Land Surveyor $150.00/hr
Other Professionals IV, V, VI
$165.00/hr
Surveying Field Crew Manger
$105.00/hr
Other Professionals VII, Vlll, IX
$225.00/hr
Survey Crew Chief
$85.00/hr
Technical
Surveying Crew $175.00/hr
Director of Development Services $170.00/hr
Geographer/GIS I, II, III
$105.00/hr
Development Associate
$105.00/hr
Geographer/GIS IV, V, VI
$150.00/hr
CADD Manager
$110.00/hr
Geographer/GIS VII, VIII, IX
$220.00/hr
CADD technician
$88.00/hr
Designer I, II, III
$135.00/hr
Accountant (CPA)
$95.00/hr
Designer IV, V, VI, VII
$205.00/hr
Research
$72.00/hr
CADD Technician I, II, III, IV
$115.00/hr
Clerical
$60.00/hr
Surveyor I, II, III
$80.00/hr
I.T. Manager
$90.00/hr
Surveyor IV, V, VI
$120.00/hr
*Reimbursables
Cost + 10%
Surveyor VII, VIII, IX
$185.00/hr
Other Technical I, 11, 111
$100.00/hr
Other Technical IV, V, VI
$150.00/hr
Construction
Construction Professional I, 11, III
$155.00/hr
NOTE: These hourly rates shall
be adjusted on an annual
Construction Professional IV, V, VI
$215.00/hr
basis.
Inspector I, II, III
$110.00/hr
Inspector IV, V, VI
$155.00/hr
Survey Field Crews
MWM Architects, Inc.
Stephen L. Faulk, AIA
2022 Broadway
Lubbock, Texas 79401
Melanie P. Meixner, AIA
Phone (806)745-7707
Jason R. Moore, AIA
Fax(806)745-7620
Joel P. Robinett, P.E.
'The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas.'
Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305-8900
off P.M
architects
Fully Equipped 1, 2, 3,4 Person Crew $210.00/hr
With Laser Scanner 1, 2 Person $200.00/hr
Administration
Admin Professional I, II, III, IV $110.00/hr
Non -Labor Direct costs Cost + 15%
The Owner shall be invoiced periodically on a percentage of completion basis and payment shall be made upon
receipt in a Court of Law having jurisdiction of the submitted Invoice. No payment can be withheld unless the
Architect has been judged to be at fault. Further, no retainage shall be withheld from any payment due the
Architect.
The Owner acknowledges that they shall pay for any and all Project Components, whether known or unknown
and/or shown or not shown in the Contract Document, the first time. The Owner agrees to carry a ten (10%)
percent contingency to cover the costs of any and all added project components mentioned above. MWM agrees
to cover the costs of any additional costs over and above the base project component costs due to the late time of
when a "known, but not shown" Project Component is added to the Project.
If this Proposal is acceptable please acknowledge your acceptance below and we will assist the City of Lubbock
with completing the City of Lubbock Professional Services Agreement.. Thanks for this opportunity and we at
MWM Architects, Inc. look forward to continuing our working with you and the City of Lubbock on these Three
Police Substation and enhancing the Public Safety of the Citizens of Lubbock, Texas. If you have any questions,
please call me or Joel Robinett at (806) 745-7707.
Sincerely,
•
)1P. Robinett, P.E.
Vice President
MWM Architects, Inc.
Accepted: City of Ltibbock
Daniel M. Pope, Mayor
MWM Architects, Inc.
2022 Broadway
Lubbock, Texas 79401
Phone(806)745-7707
Fax(806)745-7620
July 27, 2021
Date:
Stephen L. Faulk, AIA
Melanie P. Meixner, AIA
Jason R. Moore, AIA
Joel P. Robinett, P.E.
"The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas.`
Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305-8900