HomeMy WebLinkAboutResolution - 2021-R0506 - PSA Contract 16038 with Brinkley Sargent Wiginton Architects 12.14.21Resolution No. 2021-R0506
Item No. 6.29
December 14, 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. 16038
for architectural and engineering services for the construction of Fire Station 20 as per RFQ 21-
16038-MA, by and between the City of Lubbock and Brinkley Sargent Wiginton Architects, of
Dallas, Texas, 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 December 14, 2021
— 44� Q -
STEV - SS N , MAYOR PRO TEM
ATTEST:
a '&" - - ic
Rebec t
Garza, City Secret
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
&JA04-t�
elli Leisure, Assistant City Attorney
ccdocs/RES.PSA-No. 16038 Fire Station 20
12.7.21
Resolution No. 2021-R0506
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. I IDM is entered into this
14th day of December , 2021, is by and between the City of Lubbock (the "City"), a Texas home
rule municipal corporation, and Brinkley Sargent Wiginton Architects, (the" Architect"), a Texas
corporation.
WITNESSETH
WHEREAS, The City desires to contract with the Architect to provide professional services for
Fire Station 20, (the "Activities"); and
WHEREAS, the Architect has a professional staff experienced and is qualified to provide
professional architectural 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 four months. If the Architect determines that additional time is required to complete
the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement
to grant up to an additional six (6) months of time so long as the amount of the consideration does not
increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must
be approved by the City acting through its governing body.
PROFESSIONAL SERVICES AGREEMENT Page 1 of 13
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").
B. The Architect shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed $ 473,607, as set forth in Exhibit "B".
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.
PROFESSIONAL SERVICES AGREEMENT Page 2 of 13
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
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 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, D, E, F, G, H & J", 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.
PROFESSIONAL SERVICES AGREEMENT Page 3 of 13
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:
Combined Single Limit: $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 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 days' 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
PROFESSIONAL SERVICES AGREEMENT Page 4 of 13
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 Architect, as set forth on Exhibit insert
correct value], 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.
PROFESSIONAL SERVICES AGREEMENT Page 5 of 13
ARTICLE XI. INDEMNITY
THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE,
OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS 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 AGREEMENT 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 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:
Brinkley Sargent Wiginton Architects
Don Greer, AIA; Vice President
5000 Quorum Drive, Suite 500
Dallas, Texas 75254
Telephone: 972-960-9970
Email: dgreer@bsw-architects.com
PROFESSIONAL SERVICES AGREEMENT Page 6 of 13
C. City's Address. The City's address and numbers for the purposes of notice are:
[CONTRACT MANAGER]
City of Lubbock
P.O. Box 2000
1314 Avenue K
Lubbock, Texas 79457
Email:
Telephone:
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
Agreement 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.
PROFESSIONAL SERVICES AGREEMENT Page 7 of 13
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 Exhibits listed below and 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.
Exhibit A
Scope of Services / Terms & Conditions
Exhibit B
Fee Summary
Exhibit C
Hourly Billing Rates
Exhibit D
Structural Engineering Services
Exhibit E
MEP Engineering Services
Exhibit F
Civil/Landscape Engineering Services
Exhibit G
Geotechnical Exploration Services
Exhibit H
TAS Review / Inspection
Exhibit J
ICC 500 Peer Review Services
PROFESSIONAL SERVICES AGREEMENT Page 8 of 13
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 City. Any and all documents, drawings and specifications prepared by
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.
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.
PROFESSIONAL SERVICES AGREEMENT Page 9 of 13
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
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.
R. Professional Responsibility. All architectural or engineering services to be performed shall be
done with the professional skill and care ordinarily provided by competent architects or engineers practicing
under the same or similar circumstances and professional license.
PROFESSIONAL SERVICES AGREEMENT Page 10 of 13
PAGE LEFT BLANK INTENTIONALLY
PROFESSIONAL SERVICES AGREEMENT Page 11 of 13
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
Rebe f
a Garza, City Secre
APPROVED AS TO CONTENT:
City Department lild
APPROVED AS TO FORM:
elli Leisure, Assistant City Attorney
Firm
Brinkley Sargent Wiginton Architects
By:
Don er, AIA, Vice resident
PROFESSIONAL SERVICES AGREEMENT Page 12 of 13
Texas Government Code Subtitle F, Title 10, Chapter 2271
I, Don Greer, the undersigned representative of
Brinkley Sargent Wiginton Architects_(hereafter referred to as company)
Pursuant to Section 2271.002, 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.
Verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code
Chapter 2271:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract the above -named
Company, business or individual with the City of Lubbock acting by and through City of
Lubbock.
. . /V
Date A o ' d Signa re
PROFESSIONAL SERVICES AGREEMENT Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Article 1:
A new Multi -Company Fire Station of approximately 12,000 sq. ft. to be erected on a 2.5 acre lot located east of
the LPD substation on 141st and Indiana Avenue. The Owner's budget for the Cost of the Work as defined in
Article 6 is $4,200,000.
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
§ 2.2 The Architect and Architect's Consultants shall perform its services in accordance with laws, codes, rules,
and regulations applicable for the location of the Project consistent with the professional skill and care ordinarily
provided by architects and other consultants practicing in the same or similar locality under the same or similar
circumstances. Neither the law nor the ordinary and reasonable standard of care places the burden of perfect
performance of professional services on the Architect or Architect's Consultants. The Owner acknowledges that
this design effort is a unique one-time creative endeavor that does not have the benefit of testing, that some level
of imperfection must be expected, that the construction documents may contain errors and omissions, and that
the missing and corrective information shall be developed during the construction process. When an error or
omission is discovered, the Architect or Architect's Consultants shall provide all necessary design services and
documentation for corrective action at no cost to the Owner. The Architect and Consultants shall perform services
as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. The
Architect makes no warranties, either express or implied, with respect to services provided under this Agreement.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except With the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept
any employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional
Services.
§ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design
criteria, attend Project meetings, communicate with members of the Project team and report progress to the
Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's
approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated
dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial
Information. The schedule shall include allowances for periods of time required for the Owner's review, for the
performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over
the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable
cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the
schedule, if necessary as the Project proceeds until the commencement of construction.
Brinkley Sargent Wiginton Architects - Revised 11-16-2021 Page 1 of 16
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock - Fire Station 20
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
§ 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project, the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project. Cost of said filings shall
be paid by the Owner.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall consult with City to define and clarify City's requirements for the work and available
data. The Architect shall define the scope of the project in the form of a space program summary, design
drawings, sketches considering space, function, adjacencies, applicable codes, and exterior aesthetic. Also,
review other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the
Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the program, schedule, budget for the Cost of the
Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms
of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project, The Architect shall reach an understanding with
the Owner regarding the requirements of the Project.
§ 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present
for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of perspective sketches or digital modeling. Preliminary selections of major building
systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics in developing a design for the Project that is
consistent with the Owner's program, schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with
Section 6.3.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval. The Architect will provide to the Owner one set of printed documents and an electronic (PDF) set of
documents.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 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 Architect 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 consist of drawings and
other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of
building systems to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, and such other elements as may be appropriate. The Design Development
Brinkley Sargent Wiginton Architects - Revised 11-16-2021 Page 2 of 16
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
Documents shall also include outline specifications that identify major materials and systems and establish in
general their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
§ 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, and request the Owner's approval. The Architect will provide
to the Owner one set of printed documents and an electronic (PDF) set of documents.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization
of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect 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 quality levels of materials and systems and other requirements for the
construction of the Work. These Documents may contain inconsistencies and omissions inherent to the Design
and Construction Process. The Owner and Architect acknowledge that in order to construct the Work the
Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar
submittals, which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the City of Lubbock
Purchasing Department if needed in the development and preparation of (1) bidding and procurement information
that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of
agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General,
Supplementary and other Conditions). The Architect shall also compile a project manual that includes the
Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample
forms.
§ 3.4.4 The Architect shall submit the Construction Documents to the Owner and request the Owner's approval.
The Architect will provide to the Owner one set of printed documents and an electronic (PDF) set of documents.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.1 GENERAL
The Architect shall assist the City of Lubbock Purchasing Department if needed in establishing a list of
prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist
the City of Lubbock Purchasing Department if needed in (1) obtaining either competitive bids or negotiated
proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if
any; and, (4) awarding and preparing contracts for construction.
§ 3.5.2 COMPETITIVE BIDDING
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents or as
required by City of Lubbock Purchasing Department.
§ 3.5.2.2 The Architect shall assist the City of Lubbock Purchasing Department if needed in bidding the Project by
.1 arranging for a local reproduction company to reproduce, distribute and maintain a log of distribution
of the Bidding Documents distributed to prospective bidders. Cost of reproduction to be paid for by
prospective bidders;
.2 organizing and conducting a pre -bid conference for prospective bidders;
.3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda (which
shall be issued via electronic PDF); and
.4 organizing and conducting the opening of the bids, and subsequently documenting and distributing
the bidding results, as directed by the City of Lubbock Purchasing Department if needed.
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§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions,
and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
§ 3.6 CONSTRUCTION PHASE SERVICES
§ 3.6.1 GENERAL
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A201 TM-2017, General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect amend this Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of
the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but
shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of
any other persons or entities performing portions of the Work. The Architect and his Engineers shall not be
required to furnish or pay for Construction Materials and Labor not contained within the Construction Documents
whether these items were an omission or added during Construction.
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
for Payment or twelve (12) months after the start of Construction, whichever occurs first.
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality
of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents
and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies
observed in the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require
inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not
such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of
the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or
other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of,
the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably
inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such
interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and
Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions
rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent
with the intent expressed in the Contract Documents.
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§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as
that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between
the Owner and Contractor as provided in the Contract Documents.
§ 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by
the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received
from Subcontractors and material suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or
withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved
submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while
allowing sufficient time in the Architect's professional judgment to permit adequate review.
§ 3.6.4.2 In accordance with the Architect -approved submittal schedule, 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. Review of such submittals is not for the purpose of determining
the accuracy and completeness of other information such as dimensions, quantities, and installation or
performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any
construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item
shall not indicate approval of an assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall
be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals.
§ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for
information about the Contract Documents. The Architect shall set forth in the Contract Documents the
requirements for requests for information. Requests for information shall include, at a minimum, a detailed written
statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the
clarification requested. The Architect's response to such requests shall be made in writing within any time limits
agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue
supplemental Drawings and Specifications in response to requests for information.
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§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.4.6 All submissions and responses shall be via electronic correspondence.
§ 3.6.5 CHANGES IN THE WORK
§ 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the
Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.
Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change
Directives for the Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 PROJECT COMPLETION
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to
the Owner, for the Owner's review and records, written warranties and related documents required by the
Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a
final inspection indicating the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with
the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by
the Contractor of Work to be completed or corrected.
§ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the
Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment;
(2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any
other documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial
Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the
facility operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
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OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
Additional Services
Responsibility
(Architect, Owner
or Not Provided
Location of Service
Description
4.1.1 Programming
Architect
See 4.2 below
4.1.2 Multiple preliminary designs
Not Provided
4.1.3 Measured drawings
Not Provided
4.1.4 Existing facilities surveys
Not Provided
4.1.5 Site Evaluation and Planning
Not Provided
4.1.6 Building information modeling
Architect
See 4.2 below.
4.1.7 Civil engineering
Architect
See Exhibit "F"
4.1.8 Landscape design
Architect
See Exhibit "F"
§ 4.1.9 Architectural Interior Design
Architect
4.1.10 Value Analysis
Not Provided
4.1.11 Detailed cost estimating
Not Provided
4.1.12 On -site project representation
Not Provided
4.1.13 Conformed construction documents
Not Provided
4.1.14 As -Designed Record drawings
Architect
See 4.2 below.
4.1.15 As -Constructed Record drawings
Not Provided
See 4.2 below.
4.1.16 Post occupancy evaluation
Not Provided
4.1.17 Facility Support Services
Not Provided
4.1.18 Tenant -related services
Not Provided
4.1.19 Coordination of Owner's consultants
Not Provided
4.1.20 Telecommunications/data design
Not Provided
4.1.21 Security Evaluation and Planning
Not Provided
4.1.22 Commissioning
Not Provided
§ 4.1.23 Extensive environmentally responsible design
Not Provided
4.1.24 LEEDO Certification
Not Provided
4.1.25 Fast -track design services
Not Provided
4.1.26 Historic Preservation
Not Provided
§ 4.1.27 Furniture, Furnishings, and Equipment Design
Not Provided
4.1.28 Topographic Survey Services
Architect
See Exhibit "F"
4.1.29 PlattingServices
Not Provided
4.1.30 Geotechnical Investigation
Architect
See Exhibit "G"
4.1.31 TAS Review / Inspection
Architect
See Exhibit "H"
4.1.32 ICC 500-2014 Third Party Review
Architect
See Exhibit "J"
§ 4.2 Description of each Additional Service designated in Section 4.1 as the Architect's responsibility:
Item 4.1.1 - Programming: The use of existing city facility operations to determine an appropriate
summary of spaces (function and sizes) needed to provide the building functions desired by the City for the
scope of the project. The space program summary listing will be developed with and approved by the City
Staff (Facilities and Fire Department). Upon City Staff approval of the program, the Architect will use the
program listing to establish the basis for the schematic design. Detailed Programming Sheets are not
included and if requested shall be provided as an additional service.
Item 4.1.6 — Building Information Modeling: The Architect may, at their sole discretion, utilize BIM while
fulfilling their scope of services. No extra fee will be charged for this use of BIM.
Item 4.1.1.14 — As -Designed Record Drawings: The A/E team shall update the electronic files (BIM or
CAD) prepared for bidding the project with regard to changes or clarifications necessitated during
construction due to an error or omission by the design team and provide them to the Owner in PDF format
as a part of Basic Services. Changes to the electronic files to match As -Built Drawings (which shall be
provided by the General Contractor) shall be an additional service.
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Item 4.1.1.15 — As -Constructed Record drawings: Can be provided as an additional service. If selected,
As- Constructed Record Drawings will be developed in BIM / CAD based upon the As -Built Drawings as
provided by the General Contractor as part of their close-out documents submission. The Architect shall be
entitled to rely upon the adequacy, accuracy and completeness of the information as provided by the
Contractor in the As -Built Drawings. On site verification of indicated changes is not included. The fee for this
service shall be negotiated at the end of construction if this service is desired by the Owner.
§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with
this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate
adjustment in the Architect's schedule.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the
Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect
shall not proceed to provide the following services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, in-depth material research, energy modeling, or
LEER® certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other
failure of performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Not used
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except
where the Architect is party thereto;
.9 Evaluation of the qualifications of bidders or persons providing proposals;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
or
.11 Assistance to the Initial Decision Maker, if other than the Architect.
§ 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If
the Owner subsequently determines that all or parts of those services are not required, the Owner shall give
prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect
for those services:
.1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of
Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker. "Extensive Number" shall
be defined as more than 2 claims;
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting there from.
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§ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the
Contractor
.2 Twenty-four ( 24 ) visits to the site by the Architect over the duration of the Project during
construction
.3 Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 One ( 1 ) inspections for any portion of the Work to determine final completion
§ 4.3.4 If the services covered by this Agreement have not been completed within Twenty-four ( 24 ) months of
the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time
shall be compensated as Additional Services. In addition, Services provided by the Architect under Article 3.6
"Construction Phase Services" are based upon a twelve (12) month Construction Phase and include the number
of visits indicated in 4.3.3 above. Should the Architect be required to provide services beyond this timeframe or
quantity of trips, the Architect shall be compensated in accordance with Article 11.3 for these Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect
to evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the
budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable
contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget
for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree
to a corresponding change in the Project's scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the
Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to
avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 Unless provided by the Architect under Section 4.1, the Owner shall furnish surveys to describe physical
characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the
site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements
and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions
and necessary data with respect to existing buildings, other improvements and trees; and information concerning
available utility services and lines, both public and private, above and below grade, including inverts and depths.
All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 Unless provided by the Architect under Section 4.1, the Owner shall furnish services of geotechnical
engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values,
percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity
tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate
recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the
Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts
between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than
those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the
Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.
The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services
provided.
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§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may
be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services.
§ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and
shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.13 The Owner shall provide Texas Accessibility Standard review and inspection services for the project
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect prior to or after bidding and shall include
contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the
compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the
Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner's budget for the Cost of the Work may be adjusted throughout the Project as required under
Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of
the Cost of the Work and updated estimates of the 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
estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the 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 make reasonable adjustments in the program and
scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the
Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the
Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional
Service under Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of
the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality
or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
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§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or
.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, with additional compensation, shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at
the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1.
The Architect shall be entitled to compensation in accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information,
the transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
§ 7.2 Upon full payment of all sums due or anticipated to be due the Architect and the Architect's consultants
under this Agreement, and upon performance of all the Owner's obligations under this Agreement, the latest
original Instruments of Service for the project, including the Drawings and Specifications, prepared for the Project
shall become the property of the Owner. This conveyance shall not deprive the Architect and the Architect's
consultants of the right to retain electronic data, or other reproducible copies of the Instruments of Service, or the
right to reuse information contained in them in the normal course of the Architect and the Architect's consultants
professional activities. The Architect and the Architect's consultants shall be deemed the author of such electronic
data, documents and design, and shall retain all rights not specifically conveyed, and shall be given appropriate
credit in any public display of such documents.
The Owner shall not use, or authorize any other person to use, the Drawings, Specifications, electronic data, and
other Instruments of Service, on other projects, for additions to this Project, or for completion of this Project by
others, so long as the Architect is not adjudged to be in default under this Agreement. Reuse without the
Architect's professional involvement will be at the Owner's sole risk and without liability to the Architect and the
Architect's consultants. The Owner shall indemnify and hold harmless the Architect, Architect's consultants, and
agents and employees of any of them, from and against claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of unauthorized reuse of Drawings, Specifications, electronic data, or other
Instruments of Service.
Under no circumstances shall the transfer of ownership of the Drawings, Specifications, electronic data or other
Instruments of Service be deemed to be a sale by the Architect, and the Architect makes no warranties, express
or implied, of merchantability or of fitness for a particular purpose.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
§ 8.1.1 As a first method of resolving claims, disputes and other matters in question ("Dispute"), the parties shall
endeavor to resolve such issues by negotiation in good faith. The Owner and Architect shall commence all claims
and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this
Agreement in accordance with the requirements of Article IV of the "PROFESSIONAL SERVICES AGREEMENT",
to which this is an attachment, or as indicated herein within the period specified by applicable law, but in any case
not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all
claims and causes of action not commenced in accordance with this Section 8.1.1.
Brinkley Sargent Wiginton Architects - Revised 11-16-2021 Page 11 of 16
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights
against each other and against the contractors, consultants, agents, and employees of the other for damages,
except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,
General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of
the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties
enumerated herein.
§ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question,
arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party's termination of this Agreement.
§ 8.2 Mediation
§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
§ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question
between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the
American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on
the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the mediation. The request may be made
concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such
event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed
pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement
of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may
nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of
binding dispute resolution shall be litigation in a court of competent jurisdiction
§ 8.4 The provisions of this Article 8 shall survive the termination of this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for
suspension of performance of services under this Agreement. If the Architect elects to suspend services, the
Architect shall give seven days' written notice to the Owner before suspending services. In the event of a
suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner
because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior
to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice
of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in
the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the
time schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than thirty days' written notice.
Brinkley Sargent Wiginton Architects -Revised 11-16-2021 Page 12 of 16
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
§ 9.4 Either party may terminate this Agreement upon not less than thirty days' written notice should the other
party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
§ 9.5 The Owner may terminate this Agreement upon not less than thirty days' written notice to the Architect for
the Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due.
§ 9.7 DELETED
§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 DELETED
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall
be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner
requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect
shall execute all such consents that are consistent with this Agreement, provided the proposed consent is
submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to
execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of
this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in
any form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect's materials shall not
include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in
writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall
provide professional credit for the Architect in the Owner's promotional materials for the Project.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those who need to know the content of such information in
order to perform services or construction solely and exclusively for the Project, or (3) its consultants and
contractors whose contracts include similar restrictions on the use of confidential information. This agreement is
subject to the Texas Open Information Act.
Brinkley Sargent Wiginton Architects - Revised 11-16-2021 Page 13 of 16
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
indicated in Exhibit "B".
Should the size, approved budget or accepted bid price for the Cost of the Work increase by more than 10% from
the information in Section 1.1, the Architect shall be entitled to an adjustment in compensation. Such adjustment
shall to be a mutually agreeable stipulated sum.
§ 11.2 Deleted
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3,
the Owner shall compensate the Architect on a mutually agreeable stipulated sum; or failing this, on an hourly
basis at the Architect's normal billing rates for each staff member performing the services.
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11.3, shall be the amount invoiced to the Architect plus thirty percent ( 30% ).
§ 11.5 Where compensation for Basic Services is based on a stipulated sum, the compensation for each phase of
services shall be as follows:
Schematic Design Phase
Twenty
percent (
20
%)
Design Development Phase
Thirty
percent (
30
%)
Construction Documents Phase
Twenty-five
percent (
25
%)
Bidding or Negotiation Phase
Five
percent (
5
%)
Construction Phase
Twenty
percent (
20
%)
Total Basic Compensation
One hundred
percent (
100
%)
§ 11.6 The Architect shall be entitled to compensation in accordance with this Agreement for all services
performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review
practices.
Reference Exhibit "C"
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
.1 Fees paid for securing approval of authorities having jurisdiction over the Project;
.2 Printing, reproductions, plots, beyond those specifically listed in Article 3;
.3 Renderings, models, mock-ups, professional photography, and presentation materials requested by
the Owner; and
.4 Other similar Project -related expenditures not specifically included.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus Ten percent ( 10.00% ) of the expenses incurred. Reimbursable Expenses shall not
exceed the amount indicated on Exhibit "B" without prior approval from the Owner.
Cost associated with the printing of bid documents and specifications and delivery of same will be paid directly by
the prospective bidders.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued
Brinkley Sargent Wiginton Architects -Revised 11-16-2021 Page 14 of 16
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project
as follows:
On a mutually agreeable stipulated sum.
§ 11.10 PAYMENTS TO THE ARCHITECT
§ 11.10.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services
performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty (
30 ) days after the invoice date shall bear interest as calculated in accordance with the Texas Prompt Payment
Act.
§ 11.10.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes
in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceeding.
§ 11.10.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services
performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
§ 12.1 CHANGE ORDERS
Omissions: If the Architect fails to include or omits an item from the Contract Documents, which was fully
anticipated to be included in the Project, thereby necessitating the need for a Change Order, the Architect will not
receive a fee for work associated with the Change Order.
§ 12.2 STANDARD OF CARE/CONTINGENCY
In performing Architectural Services, the Architect will strive to use that degree of care and skill ordinarily
exercised under similar circumstances by competent members of the architecture profession. Notwithstanding
compliance with this standard of care, the Owner can normally anticipate that some changes and adjustments in
the project will be required either during or after construction. The Owner agrees to establish a construction
contingency fund (minimum 3% of construction cost) to cover the reasonably anticipated costs of these changes
and adjustments as well as, changes due to code revisions and field conditions. The Owner agrees not to seek
any costs related to Article 12.2 items from Architect unless the aforementioned contingency funds are exhausted
by non -Owner initiated changes.
§ 12.3 ADA COMPLIANCE
The Americans with Disabilities Act ("ADA") provides that it is a violation of the ADA to design and construct a
facility for first occupancy later that January 26, 1993 that does not meet the accessibility and usability
requirements of the ADA except where an entity can demonstrate that it is structurally impractical to do so. The
parties acknowledge that the ADA and the corresponding State of Texas laws regarding disability barriers ("State
Law") will be subject to various and possible contradictory interpretations. The Architect, therefore will use
reasonable professional efforts to interpret and comply with all applicable ADA and State Law requirements and
other federal, state, and local laws, rules, codes, ordinances and regulations as they apply to the Project. The
Architect will endeavor to achieve compliance with the ADA, using its best judgment and approvals of available
Consultants and Government Officials.
§ 12.4 STRUCTURAL CERTIFICATION OF AS -BUILT CONDITIONS
This contract provides for structural site observation during construction consistent with normal standard of care
as outlined in this document. This scope of work does not include structural services to inspect all the structural
as -built conditions necessary to provide the Owner with a "Letter of Structural Certification" of the building at the
time of substantial completion. These services can be made available as an additional service.
§ 12.5 ARCHITECTURAL REGISTRATION
The Texas Board of Architectural Examiners, Hobby Building, 333 Guadalupe, Suite 2-350, Austin, Texas 78701
Brinkley Sargent Wiginton Architects - Revised 11-16-2021 Page 15 of 16
EXHIBIT A
SCOPE OF SERVICES / TERMS & CONDITIONS City of Lubbock — Fire Station 20
(512-305-9000) has jurisdiction over individuals licensed where the Architect's Registration Law, Texas Civil
Status, Article 249a.
§ 12.6 SPECIAL INSPECTIONS
Recent code language contains references to "Special Inspections" for various parts of the construction process.
The industry is currently meting these requirements by assigning responsibilities to various Consultants involved
in the Construction Industry (Commissioning Agents, Materials Testing Lab, Fire Protection and Smoke
Evaluation Consultants, Mechanical and Structural Engineers and Architects. Since these inspections are new to
the industry, each jurisdiction has their own interpretation as to how "Special Inspections" are accomplished
beyond Standard Construction Administration Activities and what party should be responsible for them. The
Design Team will work with the appropriate jurisdiction during the Design Phase of the Project to identify
requirements and responsibilities. Many of these inspections may be performed as part of Standard CA services
but some may require Additional Services Fees from the Design Team or outside Consultants. These "Special
Inspections" must be identified prior to the start of construction in order to be performed at the appropriate time
prior to receiving a "Certificate of Occupancy."
§ 12.7 STATUES OF LIMITATION AND REPOSE
Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statues of limitations shall commence to run not later than either the date of
Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance
of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event
shall such statues of limitations commence to run any later than the date when the Architect's Services are
substantially completed.
Brinkley Sargent Wiginton Architects - Revised 11-16-2021 Page 16 of 16
EXHIBIT B - FEE SUMMARY
BRINKLEY
SARGENT
�❑ W161NTON
ARCHITECTS
CITY OF LUBBOCK
FIRE STATION 20
FEE SUMMARY
Basic Services (Arch, MEP, Structural)
9.00% of $ 4,200,000 (Cost of the Work) $ 378,000
*See note below
Civil Engineering $ 43,000
Landscape & Irrigation Design $ 5,000
[CC 500-2014 Third Party Review $ 8,200
TAS Review/Inspection $ 1,325
Geotechnical $ 8,082
Reimbursable Budget (Estimate Only) $ 30,000
Total Fee $ 473,607
NOTE:
Should approved budget or accepted bid price for the Cost of the Work increase by
more than 10% from the information above, the Architect shall be entitled to an
adjustment in compensation.
BRINKLEY SARGENT WIGINTON ARCHITECTS 1 of 1 11/12/2021
LUBBOCK FIRE STATION 20
BRINKLEY SARGENT WIGINTON ARCHITECTS
BILLING RATES
2021
TITLE
RATE/hr.
Senior Principal
280.00
Principal/Project Manager
240.00
Project Architect II
170.00
Strategic Planner
170.00
Senior Designer
160.00
Project Architect 1
145.00
Staff Architect
140.00
Architectural Designer III
130.00
Architectural Designer II
100.00
Architectural Designer 1
85.00
Construction Administrator
160.00
Senior Interior Designer
135.00
Interior Designer
120.00
Senior Programmer 160.00
Senior Planner 120.00
Administration 80.00
EXHIBIT C
Billing Rates are reviewed by Architects yearly. Rates are subject to adjustment July Is' of each year
HOURLY BILLING RATES PAGE 1 OF 1
EXHIBIT D - Page 1 of 10
11.03.21 Revision 01
Mr. Doug Edney, AIA LEED AP BD+C
Director of Operations I Senior Associate
Brinkley Sargent Wiginton Architects
5000 Quorum, Suite 600
Dallas, Texas 75254
Re: Proposal — Scope of Structural Engineering Services and Compensation (Part 1)
Fire Station No. 20, Lubbock, Texas
Dear Mr. Edney,
We are pleased to express our interest in providing structural engineering services for the referenced
project and offer the following proposal for your consideration.
SCOPE OF PROJECT
We understand the scope of the project to be Fire Station No. 20 for the City of Lubbock on a 2.5-acre lot
located east of the Lubbock Police Department substation at 14V Street and Indiana Avenue. The
proposed facility will be a new one-story facility of approximately 12,000 gross SF, potentially including a
mezzanine above a portion of the apparatus bay storage areas. Construction is planned as a mix of
structural steel framing and load bearing CMU walls. The ground level slab is planned to be constructed
on grade along with shallow footings as the foundation system. The project will include an ICC-500
compliant Tornado Shelter. The estimated construction budget is $4,200,000. If the final construction
costs vary by more than 10%, we understand that design fees will be adjusted to address the increased
scope of work.
Site features will included a screened dumpster and generator enclosure and an enclosed 200 SF +/-lawn
equipment storage room. Construction of the lawn equipment stoage room is anticipated to be light
gauge trusses over load bearing walls and a shallow footing foundation.
BASIC SERVICES
Our services will include the following:
1. Participate in the establishment of structural design criteria and determination of the primary
structural framing scheme.
EXHIBIT D - Page 2 of 10
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
1103.21
Part I —Scope of Structural Engineering Services and Compensation Page 2 of 30
2. Engineering calculations for the design of the primary structural frame. Foundations will be
designed and detailed in accordance with the recommendations in a Geotechnical Report
prepared specifically for this site.
3. Preparation of construction drawings for the structural portions of the work.
4. Design of a tornado shelter in accordance with ICC-500.
a. Structural design of the storm shelter.
b. Create a submittal package including structural drawings, specifications, and calculations for
peer reviewers and respond to comments.
c. Assist the architect with the requirements for door, window and louver selection.
d. Coordinate and provide details for code required penetration protection for all envelope
penetrations.
S. Preparation of a BIM model produced to Level of Development 300 per AIA E203 with Autodesk
Revit Structure. This model is only for the purposes of A/E coordination, generation of
construction documents and clash detection with major structural elements, with the exception
that the model may not be suitable for the creation of shop drawings. Items to be included in the
structural model include: columns, load -bearing walls, beams, slabs, braces, and foundations.
6. Preparation of structural specifications.
7. Assist the Architect in designing and detailing of miscellaneous metal fabrications for the items
noted below. Detailing and specification of these items will be the responsibility of the Architect:
a. Metal stairs: Stringer dimensions will be provided, if requested
b. Toilet partition supports
c. Curtain wall or window wall bracing
d. Cold -formed metal framing (CFMF): Preliminary member sizes will be provided for detailing
purposes only.
8. Provision of structural performance requirements for the following items to be included in the
performance specifications being prepared by others:
a. Pre -cast concrete building components, including architectural precast concrete
b. Performance specified steel framing
c. Cold -formed metal framing at the exterior and interior conditions
d. Metal stairs
e. Inserts, embeds, and hangers for mechanical, electrical, plumbing, conduits, cable trays and
equipment.
9. Preparation of addenda as required during the bidding period and answering questions regarding
structural plans and specifications.
10. Construction administration:
EXHIBIT D - Page 3 of 10
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
11 03 21
Part 1— Scope of Structural Engineering Services and Compensation Page 3 of 30
a. A maximum of six (6) structural observations, construction administration, and/or pre -
construction meetings, including the preparation of observation reports. These observations
include specific observations related to the ICC-500 shelter.
b. Review of structural shop drawings and submittal data.
c. Review and respond to RFI's
d. Preparation of ASI's and change orders.
e. Review of change orders
f. Review of testing laboratory reports
Services excluded from basic services but not limited to:
1. Design and detailing of sitework including paving, sidewalks, flag and high mast light foundations
(poles over 30 feet in height), retaining walls, bollards isolated from the structure, site sculpture
foundations, etc., unless specifically included above.
2. Structural engineering design and detailing of specialty engineered building systems including but
not limited to the following performance specified items:
a. Pre -cast concrete building components
b. Performance specified steel framing
c. Performance specified wood framing
d. Cold -formed metal framing at the exterior and interior conditions
e. Metal stairs
f. Construction mockup foundation and/or backup structure
3. Design, detailing, coordination, or layout of embeds or inserts for the support of mechanical,
electrical, or plumbing hanging piping, conduits, cable trays, or other equipment.
4. Design of wall systems, including internal reinforcing of window and curtainwall systems.
5. BIM modeling of all items not explicitly included in the AIA E203 "Level of Development" listed in
the scope above. These excluded items include, but are not limited to: miscellaneous steel,
reinforcing, miscellaneous steel "kicker" braces, channel frames, slab recesses, non -load bearing
walls, exterior wall facade and fenestration, pre-engineered metal buildings, wood framing,
underground utilities.
6. Opinions of probable construction costs.
7. Geotechnical investigations and material testing.
8. Fast track production of structural drawings ahead of the architectural and MEP drawings.
9. Design of a structural slab system for the ground floor.
10. Design of temporary or permanent earth retention systems.
EXHIBIT D - Page 4 of 10
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
11.0321
Part I —Scope of Structural Engineering Services and Compensation Page 4 of 30
11. Detailing or specification of waterproofing or dampproofing. JQ may graphically indicate these
items as appropriate and designate these items as work specified elsewhere in the Construction
Documents.
12. Construction administration:
a. Additional structural observations or site visits beyond the number listed above.
b. Review of formwork and shoring drawings.
c. Updating or provision of the BIM model for construction coordination.
d. Review of embeds, inserts and/or hangers and accessories for hanging fire suppression piping
and equipment.
e. Preparation of record documents.
13. Special inspections or responsibility for special inspections as the registered design professional
in responsible charge (as defined by the International Building Code).
14. Assistance with the permitting process.
ALTERNATE SERVICES
1. Design of structurally suspended floor system for the ground floor.
2. Additional site visits beyond the number listed in basic services.
FEES
We propose to provide engineering services for the following lump sum fees plus reimbursable expenses:
Basic Services - Building $36,000.00
Basic Services - Tornado Shelter $12,000.00
Alternate Service (1) — Structural Slab $6,000.00
Alternate Service (2) — Additional Site Visits $1,200.00 per visit
Authorized additional services will be billed at the following hourly rates plus reimbursable expenses:
Partner
$275.00 / hour
Principal
$235.00 / hour
Senior Project Manager
$195.00 / hour
Engineering Technical Lead
$205.00 / hour
Project Manager
$165.00 / hour
Senior Project Engineer
$150.00 / hour
Project Engineer
$135.00 / hour
BIM Manager
$155.00 / hour
Senior Technician
$130.00 / hour
Technician
$100.00 / hour
Intern
$75.00 / hour
EXHIBIT D - Page 5 of 10
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiglnton Architects
11 03 21
Part I —Scope of Structural Engineering Services and Compensation Page 5 of 10
Administrative $90.00 / hour
REIMBURSABLE EXPENSES
Reimbursable expenses will be invoiced at 1.10 times net cost to JQ. Reimbursable expenses are
estimated at $4,000.00 and include:
- Travel expenses including mileage at $0.50 per mile.
- Reprographic and photographic services.
- Delivery service charges.
-Authorized sub -consultant fees.
PAYMENT SCHEDULE
Invoices for progress payments of the basic fee will be billed each month for services performed during
the prior month on a percentage of completion basis in accordance with the following schedule:
Schematic Design
15%
Design Development
20%
Construction Documents
40%
Bidding and Negotiation
5%
Construction Administration
20%
If this proposal is acceptable, please sign Part I and return one copy to our office. Signature of Part I also
acknowledges and accepts the terms and conditions set forth in Part II of this proposal. These documents
will serve as our contract for this project unless superseded by a standard form agreement. We appreciate
your consideration and look forward to working with you.
Sincerely,
JQ Engineering, LLP
Texas Registered Engineering Firm: 1294
Steph H. Lucy, PE
Partn r
Accepted by:
Brinkley Sargent Wiginton Architects Date
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
1103.21
Part II —Terms & Conditions
=_ ngineefttW
PROFESSIONAL SERVICES AGREEMENT
PART II - TERMS AND CONDITIONS
�11HER : This Professional Services Agreement is made and entered
Into bet \ditions
ley Sargent Wiginton Architects (Client) and JQ
Englneeringineer) a Texas Limited Liability Partnership. This
greement cof two parts: Part I - Proposal - Scope of Services
nd Compenart II - Terms and Conditions
RTICLE 1: PAL SERVICES
1.1 Se. I nnection with the property described in the
Proposal ("Pr ), E eer shall render the professional services
"Services") fproject cribed In the Proposal ("Project") as
utlined in thosal and a mendments.
.2 Ant. The fesslonal Services Agreement
ncludes the al dated Nove 3, 2021, Amendments to the
roposal, ase Terms and ditions (collectively, the
RTICLE 2: PROPOSALS
1 Scope. The Proposal(s) shall ident he specific scope of
ervices to be performed and the amount and \amended
nsation
)r the specific services. Any services not specificad in the
roposal are excluded unless added as additioes with
dditional compensation to Engineer.
.2 Acceptance of Agreement. Client sa and
ngineer shall commence work upon Engineethe
roperly executed and signed Proposal(s), as mayedme to time. If the Agreement is not executed by in thi
;0) days of the date tendered, it shall become invalid unless: (1)
ngineer extends the time in writing; or (2) at the sole option of
ngineer, Engineer accepts Cli/Ae
ral authorization to proceed w
ie services, in which event tms of the oral authorizatio II
e presumed to include all ths of this Agreement. E er's
erformance of the services the oral authorization I be in
eliance on the inclusion of allrms of this Agreem n the oral
uthorization and the effective of the Agreeme the date of
he Proposal.
ARTICLE 3: CHANGES
.1 Changes. The Enand Che ay at any time, bymitten amendment, make es wit the general scope ofadlvidual Proposals) or relatserv' to be performed. If suchhanges cause an increase oea n the Engineers cost of, orIme required for, performany services under Individual,roposals, an equitable adjusshall be made and reflected in a
rooerly executed Amendme
Regulatory Chaffes. In the event that there are
tions or additio o regulatory requirements relating to the
to be perfor d under this Agreement after the date of
n of this ement, the increased or decreased cost of
ante of services provided for in this Agreement and
ent P osals shall be reflected in an appropriate Proposal
CLE HE TERM
Term. Engineer shall be retained by Client as of the date
xecutes the attached Proposal until the Services have been
performed or until the Engineers Services are terminated under
EXHIBIT D - Page 6 of 10
Page 6 of 30
Proposal and any amendments thereto. Engineer shall not be
or responsible for any delays caused by circumstances of
Engineer's control.
ARTICLE 5: DUTIES
5.1 Access. Client will provide Engineer wit ccess to tl
Property or to any other site as required by Engine r performan
of the Services.
5.2 Client -furnished Data. Client shal ovide all criteria a
full information as to Client's requirement the Project, designa
a person to act with authority on CII behalf in respect to
aspects of the Project, examine and nd promptly to Engineer
submissions, and give prompt wri notice to Engineer whenev
he observes or otherwise beco aware of any defect in the worl
Client shall also do the follo and pay all costs Incident therel
Furnish to Engineer c borings, probings and subsurfa
exploration, hydrograp ' urveys, laboratory tests and inspectio
of samples, material d equipment and similar data; appropria
professional inter ations of all of the foregoing; environmen
assessment a impact statements; architectural or oth
engineering n documents, and any other information previous
made avail to the Client, which may be required by Engineer,
of whit glneer may rely upon the accuracy of in performing
Client shall provide such legal, accounting, independer
and insurance counseling services as may be require
Ofestimating
the Project, any auditing service required in respect [
contractor(s)' applications for payment, and any Inspection service
o determine if contractor(s) are performing the work.
Other Information. Engineer will rely upon common)
us sources of data, Including database searches and agent
cont Engineer does not warrant the accuracy of the informatio
obtain om those sources and has not been requested t
independe verify such information.
5.4. rshl of Documents. All designs, drawing
specifications, ments, and other work products of the Engine(
(collectively, the' uments"), whether in hard copy or electron
form, are instrumen service for the services and are owned t
the Engineer regardles whether or not services are complete(
Reuse, change or alterati f the Documents by the Client or t
others acting through or on half of the Client is not permitte
without the written consent o ineer. ANY REUSE, CHANGE C
ALTERATION OF THE DOCUMENT THE CLIENT OR THIRD PARTIE
IS AT THEIR OWN RISK AND CLIENT A ES TO HOLD HARMLESS AN
INDEMNIFY THE ENGINEER, ITS OFFIC PARTNERS, EMPLOYEE
AND SUBCONTRACTORS FROM ALL C DAMAGES, LOSSE
EXPENSES AND COSTS (INCLUDING ATTOR 'FEES), INCLUDIN(
BUT NOT LIMITED TO, CLAIMS FOR E EER'S ALLEGE
NEGLIGENCE, ARISING OUT OF OR RELATED TO AUTHORIZE
OR UNAUTHORIZED REUSE, CHANGE OR ALTERATIO
5.5. Reportina Obllaations. Client has resp bility f4
complying with all legal reporting obligations. Noth in th
Agreement precludes Engineer from providing any notices o or
that it may be required by law to give to governmental entities.
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
11.03.21
Part II —Terms & Conditions
make use of an independent testing laboratory. Certain testing
or ratory services are the responsibility of Client or third parties.
Engin will not, and Client shall not rely upon Engineer to, check
the qua or accuracy of the testing laboratory's services and
Engineer rely on the accuracy of the testing or laboratory
services.
5.7. Chan Conditions. The Client shall rely on the
Engineers judgme to the continued adequacy of the Agreement
In light of occurren or discoveries that were not originally
contemplated by or kno to the Engineer. Should Engineer call for
contract renegotiation, t ngineer shall Identify the changed
conditions necessitating ren tiation and the Engineer and the
Client shall promptly and in goo h enter into renegotiation of this
Agreement. If the terms cannot b reed to, the parties agree that
either party has the right to terminat Agreement.
5.8 Site Visit. All conclusions, op s and recommendations
will be based upon site conditions at the erty as they existed at
the time of Engineers site visit. Any report sh not be relied upon
to represent conditions at a later date. This graph does not
obligate the Engineer to perform constructio dministration
services.
5.9 Opinions of Cost. Should Engineer provi any cost
opinions, it is understood that those opinions are bas n the
experience and judgment of Engineer and are merely o ns.
Engineer does not warrant that actual costs will not vary from t e
opinions because, among other things, Engineer has no control ov
market conditions.
5.10 Construction Observation. If construction phase servic
are included in the Services, the Engineer shall periodically visit
Project during construction to become generally familiar wi he
progress and quality of the contractors' work and to deter if the
work is proceeding in general accordance with t ontract
Documents. The Client has not retained the Engi r to make
detailed inspections or to provide exhaustive or c uous Project
review and observation services. The Engineer s not guarantee
the performance of, and shall have no respon ity for, the acts or
omissions of any contractor, subcontract upplier or any other
entity furnishing materials or performin y work on the Project.
Engineer shall not be responsible r the means, methods,
techniques, sequences or procedu of construction selected by
contractor(s) or the safety preca ns and programs incident to the
work of contractor(s). Regar of the inclusion of construction
phase services as part of th rvices, any use of the word "inspect"
in any communication rel g to services provided by the Engineer is
understood to mean a eral visual observation and not a detailed,
scrutinized investig of the site or the contractors work.
5.11 No R nsibili for Con re ors Work or S Safe'
. The
/bI
es guarantee the performance of, and shall have no
or, the acts or omissions of any contractor,
r, supplier or any other entity furnishing materials or
any work on the Project. Engineer shall not be
for the means, methods, techniques, sequences or
of construction selected by contractors) or the safety
and programs Incident to the work of contractor(s).
EXHIBIT D - Page 7 of 10
Page 7 of 30
comply with any laws, regulations, standards or ordinances re
to the contractor's performance of its work.
5.12 Permits. Client is responsible for obtaining an plyi
with all required permits or other approvals of, and f giving a
required notices to, all governmental and qua overnmen
authorities having jurisdiction over the Service the Proper
Before Engineer performs the Services, Client provide Engine
evidence satisfactory to Engineer that all re ed permits or oth
approvals have been obtained and that all ired notices have be
given. Client will provide to Engineer es of any such permits
any such notices, together with any er relevant information th
will alert Engineer to the require s of such permits, approvals,
notifications.
5.13 Standard of Ca In providing services under tt
Agreement, the Engineer I perform in a manner consistent wi
that degree of care an I ordinarily exercised by members of tl
same profession cur ly practicing under similar circumstances
the same time an he same or similar locality.
5.14 Thir rt Beneficiaries. Nothing contained in tt
Agreement s create a contractual relationship with or a cause
action in r of a third party against either the Client or tl
Engine he Engineers services under this Agreement are bell
Engine/he
d solely for the Client's benefit, and no other party or enti
sh ave any claim against the Engineer because of this Agreeme
he performance or nonperformance of services hereunder. TI
lient and the Engineer agree to require a similar provision in
contracts with contractors, subcontractors, subconsultants, vendc
and other entities involved in this Project to carry out the intent
s provision.
5. Accessibility Compliance. Various federal and sta
stat such as the Americans with Disabilities Act, Fair Housing P
and Te rchitectural Barriers Act may be applicable to the desi,
and con ion of the Project. Notwithstanding anything to t
contrary in t greement, Engineer does not represent, warrant
guaranty tha a Engineers design will comply with
interpretations o se statutory requirements and/or requiremer
of other federal, st nd local laws, rules, codes, ordinances a
regulations as they ma ply to the Project.
5.16 Fast -Track Pro . This clause 5.16 only applies if a fi
track process is identified a of the scope of Engineers Servic
or is required due to changes i Project after the effective date
the Agreement. In consider; do f the benefits to the Client
employing the fast track process i ich some of the Enginee
Services overlap the construction work are out of sequence w
the traditional project delivery method, d in recognition of t
inherent risks of fast tracking, including b of limited to deli
conflicts and errors and omissions, Client agr o waive all clah
against the Engineer for damages or costs relatin design chang
and modification of portions of the contractors due to t
Client's decision to employ the fast track process. nt furO
agrees to compensate Engineer for all Additional Service at ar
as a result of the fast track process.
ARTICLE 6:COMPENSATION FOR SERVICES
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
11.03.21
Part II —Terms & Conditions
ces shall be set forth in individual Proposal(s).
i.2 Compensation. Client agrees to pay Engineer for Services
n acco nce with the Agreement. Expenses directly related to these
iervices, uding reproduction, travel, long distance telephone bill,
express ma pecial deliveries and subcontractor expenses shall
nclude a ten ent (10%) markup on cost, unless these costs have
Seen included in vidual proposals.
i.3 Pa en Engineer will invoice Client monthly in
accordance with the s and conditions of the Proposal, and
amendments) for Sery and reimbursables. Client agrees to
)romptly pay Engineer at it ce at 100 Glass Street, Dallas, Texas
i5207, the full amount of each h invoice upon receipt. In no event
shall Engineer's failure to bill m ly constitute default under the
;erms and conditions of this Agree
5.4 Sales and Use Tax. Sal ax must be collected on
surveying Fees for the establishment of R roperty Boundaries and
ietermining the location of structures or im vements in relation to
he boundaries. Charges for prints and reprod ' ns are also subject
o the Sales Tax. Sales Tax shall be per the rent applicable
overning authority tax rates. In the event sub nt taxes are
evied by Federal, State, or Local authorities, relating a services
writing and such modifications as are required shall be e a part
f this Agreement.
.5 Riaht to Stop Performance. If Client does not p ny
mount due to Engineer within thirty (30) days after the invoice
nglneer may, upon three (3) additional days verbal or written notic
o Client, stop performance of the Services until payment of the
mount owed has been received.
.6 Interest. Payments due and unpaid to Engineer under
reement shall bear interest at the rate of twelve percent (12 r
If
nnum, or lesser if required by law, calculated from the dat the
voice, if the payment is not made within thirty (30) days a date
the invoice.
7 Attorney's Fees. In the event Enginee nvoices for
ervices are given to any attorney for collection, suit is brought
Dr collection, or if they are collected through ate, bankruptcy,
r other judicial proceeding, then Client shall Engineer all cost of
ollection, including the maximum attorne ees allowed by law and
ourt costs, in addition to other amoun e.
.8 Contractual Lien. In the t the Client is the owner, or
gent of the owner, of the Prope (fee and/or leasehold estate),
Iient grants to Engineer a contr al lien, in addition to all statutory
nd other liens that may exi n the Property and Improvements
hereon where the Project ocated to secure payment for all debts
wed, now or in the f e, to Engineer by Client including those
rising as a result Engineer's services provided under this
reement. Clien nts Engineer the authority and right to file a
opy of this Agr ent in the public records of the county or counties
here the Pr is located to give notice of Engineer's lien rights.
RTICLE 7: MINATION OF SERVICES
.1 ination. This Agreement may be terminated without
ause ny time prior to completion of Engineer's services, either
nt or by Engineer, upon seven (7) days written notice to the
r at the address of record. Upon receipt of written notice from
EXHIBIT D - Page 8 of 10
Page 8 of 10
this Agreement. Such termi/enn
n shall release Engineer from
further obligation to provide Ses to Client on this Agreem L
all obligations of Client shall cue. In the event Client t nat
the Agreement based on Clienasonable opinion the neer h
failed or refused to prosecutwork efficiently, pr tly or wl
diligence, the Engineer shall ten (10) days, fr the receipt
written notification by Cliencure such fa a to perform
accordance with the terms ofAgreement roposal(s).Client waives anyall claim has against Enginearising out of termination oAgre nt by Engineer. Cliewaives any and all claims, caof a or damages that it hasmay have against Engineer a to perform further servicunder this or any other Agreeith Client.7.2 Com nsatlon ivent of Termination. Up
termination by either Clie r Engineer, Client shall pay Engine
with respect to all co cted Services rendered and expen!
incurred before ter tion an amount fixed by applying t
Engineer s standar urly rates, in force at the time of terminatit
to all Services ormed to date, in addition to terminals
settlement c the Engineer reasonably incurs relating
commitme hich had become firm before the termination.
ARTICLE LATIONSHIP OF PARTIES
8.1 Independent Contractor. It is understood that t
rela ship of Engineer to Client shall be that of an independe
c actor at all times during the performance of this agreement a
provision or obligation expressed or implied in this Agreema
shall create an employment, agency, or fiduciary relationsh
either Engineer nor employees of Engineer shall be deemed to
loyees of Client.
A LE 9:LIMITATION OF LIABILITY
9.1 Limitation of Liability. TO THE FULLEST EXTE
PERMI BY LAW, THE TOTAL LIABILITY OF ENGINEER,
EMPLOY OFFICERS, SUBCONSULTANTS AND SUBCONTRACTO
TO CLIENT ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENS
OR DAMAGE HATSOEVER FROM ANY CAUSE OR CAUS
INCLUDING, BUT T LIMITED TO, STRICT LIABILITY, BREACH
CONTRACT, BREAC WARRANTY, NEGLIGENCE, OR ERRORS
OMISSIONS SHALL NO CEED THE ENGINEER'S TOTAL RECEIV
FEE NOTWITHSTANDIN ANY OTHER PROVISION OF 1
AGREEMENT, NEITHER PAR HALL BE LIABLE TO THE OTHER F
ANY PUNITIVE, SPECIAL, INCID L, OR CONSEQUENTIAL DAMA(
INCURRED DUE TO THE FAULT OF OTHER PARTY, REGARDLESS
THE NATURE OF THIS FAULT OR W ER IT WAS COMMITTED
THE CLIENT OR BY ENGINEER, EMPLOYEES, AGEN
SUBCONSULTANTS, OR SUBCONTRA S. CONSEQUENT
DAMAGES INCLUDE, BUT ARE NOT LIMITE LOSS OF USE A
LOSS OF PROFIT.
9.2 No Certification. Engineer shall not equired to s
any documents that would result in Engineer h to cert
guarantee, or warrant the existence of conditions wh existei
Engineer cannot ascertain. The Client also agrees n m;
resolution of any dispute with Engineer or payments of any o
due to Engineer in any way contingent upon Engineer's signi
such certification.
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
11.03.21
Part II —Terms & Conditions
arties that Engineer's scope of services does not include any
related to asbestos or hazardous or toxic materials. In the
ent eer or any other party encounters asbestos or hazardous
toxic rials at the Property, or should it become known in any
iy that s materials may be present at the Property or any
jacent area at may affect the performance of Engineer's
rvices, Engine ay, at its option and without liability for
nsequential or of damages, suspend performance of Services
the Project unti a Client retains appropriate specialist
nsultant(s) or contract to identify, abate, and/or remove the
bestos or hazardous or is materials and warrant that the
operty is in full compliance applicable laws and regulations.
4 Delays. Engineer is n sponsibie for delays caused by
tors beyond Engineers reason control, including but not
sited to delays because of strikes, outs, work slowdowns or
)ppages, accidents, acts of God, failu f any governmental or
her regulatory authority to act in a time anner, failure of the
ent to furnish timely Information or appr or disapprove of
igineers Services or work product promptly, lays caused by
ulty performance bythe Client or by contractors o level. When
ch delays beyond Engineers reasonable control oc the Client
tees Engineer is not responsible for damages, nor shall neer be
!emed to be in default of this Agreement. In the event s elay
:ceeds ninety (90) days, Engineer shall be entitled to an ext on
time equal to the delay and an equitable adjustment
impensation. In the event Engineer is delayed by the Client an
ch delay exceeds thirty (30) days, Engineer shall be entitled to an
tension of time equal to the delay and an equitable adjustment in
.5 Prolect Enhancement. If, due to Engineers erro r
mission, any required item or component of the Project is ed
om Engineers documents, Engineer shall not be respo le for
aying the cost to add such item or component to the ent that
ich Item or component would have been otherwise n ssaryto the
roject or otherwise adds value or betterment to roject. In no
vent will Engineer be responsible for any c or expense that
rovides betterment, upgrade, or enhanceme f the Project.
.RTICLE 10: MISCELLANEOUS
0.1 Entire Agreement. The Agr ent contains the entire
greement between Engineer and Cli and no oral statements or
rior written matter shall be of an ce or effect. The Agreement
iay be modified only by written ment executed by both parties.
0.2 Modifications. No has authority to make variations
i, or additions to, the term this Agreement on behalf of Engineer
ther than one of its offi , and then only in writing.
1.3 Governln . The Agreement shall be governed by and
nstrued in accord a with the laws of the State of Texas.
3.4 Venu ngineer and Client agree that the services will be
rformed or (ally performed in Dallas County, Texas, and the
nue of a ction under the Agreement shall be exclusively in
alias c Texas.
5 Severebility. If any provision of the Agreement is held to
1 I, Invalid or unenforceable under present or future laws, such
sion shall be fully severable and the Agreement shall be
EXHIBIT D - Page 9 of 10
Page 9 of 10
provision is not a parry hereof, and the remaining provisions s
remain In full force and effect. In lieu of any illegal, inv o
unenforceable provision, there shall be added automatically pa
of the Agreement, a provision as similar in terms to illegal
invalid or unenforceable provision as may be posslbl d be legal
valid and enforceable.
10.6 Construction of Agreements. The p s acknowledg
that each party and, if it so chooses, its coun ave reviewed an
revised the Agreement and that the norm le of construction t
the effect that any ambiguities are to be r ved against the draftin
party shall not be employed in the int etation of the Agreemen
or any amendments or exhibits.
10.7 Successor and Assi ns ient, for himself and partners, I
any, and Engineer, for itself, h binds himself or itself and it
successors, executors, admi rators and assigns to the other pa
to this Agreement a to partners, successors, executors
administrators and as s of such other party in respect to al
covenants of this ement. Neither Client nor Engineer shal
assign, sublet, or sfer his Interest in this Agreement without th
written consen the other. Nothing herein shall be construed a
giving any ri or benefits hereunder to anyone other than Client
and Engin . Client's representative signing below warrants that h
or she full authority to bind Client to this Agreement and furthe
warr s that Client has an ownership interest in the real propertN
t s part of the Project. Client's representative signing below
ees to Indemnify, save, and hold Engineer harmless for any and all
claims, causes of action, and damages that may arise against Engineer
the representations contained in this Paragraph are not correct.
Nothing in Agreement restricts Engineers ability to hire
su tractor in connection with the Services. The Services and any
repo epared under this Agreement are for the sole benefit and
sole use Client and are not for the use of any other person. Only
Client ma upon the Agreement and the Services, unless the
Engineer give ent prior and specific written approval.
10.8 Di esolutlon. Any claim, dispute or other matter in
question arising o f or related to the Agreement of the Services
provided thereunde all be subject to arbitration. Prior to
arbitration, the parties II endeavor to resolve all disputes by
mediation. Claims, disput d other matters in question between
the parties that are not reso by mediation shall be decided by
arbitration which, unless the pa mutually agree otherwise, shall
be in accordance with the Constru n Industry Arbitration Rules of
the American Arbitration Association ently in effect. The demand
for arbitration shall be filed in writing the other party to the
Agreement and with the American Arb ion Association. No
arbitration arising out of or relating to the A ment shall Include,
by consolidation or joinder or in any other m er, an additional
person or entity not a party to this Agreemen The foregoing
agreement to arbitration shall be specifically rceable in
accordance with applicable law in any court having juri Ion. The
award rendered by the arbitrator or arbitrators shall be I, and
judgment may be entered upon it in accordance with applica law
in any court having jurisdiction.
Professional Services Agreement
Fire Station No. 20, Lubbock, Texas
Brinkley Sargent Wiginton Architects
11.03,21
Part II —Terms & Conditions
of or related to this Agreement shall be subject to non -
ding on as a condition precedent to the institution of legal
rceedings b r party. If such matter relates to or is the subject
a lien arising ou a Engineers services, the Engineer may
>ceed in accordance Ifcable law to comply with the lien
lice or filing deadlines p resolution of the matter by
!diatlon or other legal proceedin
Each party agrees to include a r mediation provision
all agreements with independent contra and consultants
ained for the Project and to require all indepe contractors
d consultants also to include similar mediation pro in all
,eements with their respective subcontractors, supplie d
)consultants, thereby providing for mediation as the initial meth
dispute resolution between the parties to all those agreements.
The parties shall share the mediators fee and an
!s equally. The mediation shall be held in the coun a the
)ject is located, unless another location is mutu reed upon.
reements reached in mediation shall be enf a as settlement
reements in any court having jurisdi 11 reof.
.10 No Warranty. Engine kes no warranty, either
pressed or implied, as to E rs findings, recommendations,
Swings, specifications, fessional advice. Any warranties or
arantees contai n any purchase orders, certifications,
aulsitions, or es to proceed issued by the Client are specifically
jected excluded. Client recognizes that neither Engineer nor
y ngineers subconsultants or subcontractors owes any
EXHIBIT D - Page 10 of 10
Page 10 of 10
reason whatsoever shall not affect (a) any right or obligation op
party that is accrued or vested prior to such terminat d a
provision of the Agreement relating to any such r' r obligati
shall be deemed to survive the termination of ervices or (b) a
continuing obligation, liability or respo of Engineer and
Client which would otherwise survi mination of the Services.
10.12 Corporate Liabll nt understands and agrees ti
Engineer is a business eoffat has contracted to perform servic
and any services pr by Engineers employees, agents, partne
members or s are not provided in their individual capaci
Client w' make any claim or demand against any of Enginee
e es, officers, directors, members, partners or affillat
mess entities.
.13 Confidentiality. If Client or Engineer receives informati
sp Ily designated by the other party as confidential, t
receivi shall keep such information confidential and shall r
disclose it t erson, except to those who need to know sL
information for roject. This section shall not apply
information in whateve that comes Into the public domain, r
shall it restrict the Client or er from giving notices required
law or complying with an order t lde information or data wh
such order is issued by a court, ad ative agency, or otl
authority with proper jurisdiction, or if it Is ably necessary
the Client or Engineer to defend itself from any s claim.
END OF PROFESSIONAL SERVICES AGREE
EXHIBIT E -Page 1 of 9
I Il�J 1 0113V 71o137!a�+l'� 1
October 7, 2021
Brinkley Sargent Wiginton
5000 Quorum, Suite 600
Dallas, TX 75254
Attention: Doug Edney
RE: Lubbock Fire Station 20 Proposal No. 21677
Lubbock, Texas
Dear Doug Edney:
We appreciate the opportunity to submit this proposal for professional services for the New
Construction of Fire Station 20 located at Corner of Avenue P and Indiana Avenue along with your
firm, Brinkley Sargent Wiginton.
This proposal will include services for Mechanical, Electrical, and Plumbing (MEP). These services
will all be combined and provided within this proposal and will summarize the scope of services
provided and associated fees.
Based upon the project information received, we understand that the project will consist of
approximately 12,000 square foot Fire Station with Apparatus Bay.
The fee for design and construction administration for this project is Sixty Eight Thousand dollars
($ 68,000) based on the scope listed above and the services identified in the proposal.
We at MD Engineering are excited at the opportunity to be a part of this exciting project. If you
agree with the scope of services and associated fees as presented, please sign and return the
Professional Services Agreement included with this proposal to our office for execution of
contract.
Upon your review of this proposal, we would appreciate the opportunity to meet with you to
review and further clarify the project and scope as presented. Please call if you have any
questions.
Sincerely,
MD Engineering, LP, LLP
Texas Registered Engineering Firm F-7489
Michael Smith, PE LEED°AP
President
www.md-ena- ow k-1i.I-'t469] PA69!6107.00 1 469467.0300
EXHIBIT E -Page 2 of 9
Brinkley Sargent Wiginton
Attn: Doug Edney
Proposal 21677
October 7, 2021
Page 2 of 9
MECHANICAL, ELECTRICAL AND PLUMBING
PROJECT DESCRIPTION AND BASIC SERVICES
The following proposal documents our understanding of the scope of the project, our services,
contract terms, and fee. This Proposal/Contract will constitute an Agreement between Brinkley
Sargent Wiginton (Client) and MD Engineering.
The Scope of Basic Services will include:
1. Design of the electrical distribution systems including:
a. Normal and Emergency Power distribution including generator.
b. Building interior lighting systems. The lighting shall be selected by the owner and
architect and MD will confirm all lighting is compliant with the adopted energy code.
c. Site Lighting and exterior building mounted lighting. The lighting shall be selected by
the owner and architect and MD will confirm all lighting is compliant with the
adopted energy code
d. Coordination of telecommunication and cable TV service raceway (conduit) to the
building.
2. Design of air distribution for the heating, ventilation and air conditioning (HVAC) systems
including:
a. VRF HVAC system is anticipated but will be confirmed by the Owner.
b. Natural Gas Piping.
c. Exhaust systems as required.
3. Design of the plumbing systems including:
a. Plumbing Fixtures
b. Sanitary waste and vent to plumbing fixtures.
c. Domestic water systems and Water heater(s).
4. Fire alarm system performance specification.
5. Fire protection system performance specification.
6. Mechanical and Lighting Energy Compliance Check for the Authority Having Jurisdiction
(AHJ) as well as any other City required documentation related to MEP systems during
permitting. If third party verification is required, MD Engineering cannot provide this service.
7. Indication, in form of symbols on the drawings, of location of telephone and data outlets
(cabling and systems will be designed by others).
PM. Project Proposals\BSW\Lubbock FS 20 MEP Proposal.docx
EXHIBIT E -Page 3 of 9
Brinkley Sargent Wiginton
Attn: Doug Edney
Proposal 21677
October 7, 2021
Page 3 of 9
8. Responses will be provided to permit review comments. Permit processing will be provided
by others.
9. Basic construction administration services limited to submittal reviews, request for
information (RFI) responses. Site visits will be provided on request at an hourly rate.
Scope Clarifications and Exclusions include:
1. Architectural backgrounds will be provided in Revit or AutoCAD.
2. All Mechanical, Electrical and Plumbing (MEP) drawings will be created using Revit or
AutoCAD.
3. Permitting will not be provided by MD Engineering; however, MD Engineering will provide
responses to permit review comments.
4. Symbols for locations of low voltage devices will be shown on the MEP plans. However, low
voltage electrical systems (such as telecommunications, security and cable TV) cabling and
systems design will be provided by others.
5. LEED related design and documentation is excluded.
6. Energy modeling is excluded.
7. Project schedule is expected to include issue of one review set at approximately 90% and
one Construction Document set.
PROJECT APPROACH
Progress drawings will be made available electronically for review and coordination.
FEES
MD Engineering will provide the above Basic Services for a stipulated design fee of Sixty Eight
Thousand dollars ($ 68,000) based on the scope listed above. Should the scope of work change
more than 10516, MD Engineering shall seek additional compensation
Schematic Design
Design Development
Construction Documents
Bid and Award
Construction Administration
$ 6,800
$ 20,200
$ 24,000
$ 3,400
$13,600
Total Fee $ 68,000
PM. Project Proposals\BSW\Lubbock FS 20 MEP Proposal.docx
EXHIBIT E -Page 4 of 9
Brinkley Sargent Wiginton
Attn: Doug Edney
Proposal 21677
October 7, 2021
Page 4 of 9
BASIC SERVICES shall include the following:
Contract Documents including Drawings, Specifications, as defined below, to include the following
submittals:
1. Drawings - MD Engineering will provide reproducible drawings at the various submittal levels
as required. The Client will be responsible for the reproduction of all submittals.
2. Specifications - MD Engineering will provide technical sheet specifications for the project.
Schematic Design
The Schematic Design Scope of Work shall consist of:
1. Floor plans and sketches focusing on spatial requirements of MEP equipment and
mechanical and electrical room block layouts. Equipment capacity calculations will be based
on square footage and function. Layout of ductwork, lighting fixtures, power outlets or other
equipment outside the mechanical and electrical rooms is not included.
2. System Descriptions:
a. Design criteria narrative describing the basis of HVAC, plumbing and electrical load
estimates.
b. Mechanical, electrical, plumbing, and fire protection system descriptions in the form
of an system narrative that provides the following:
• HVAC system types, approximate air handling unit capacities, and overall
building tonnage. Calculations will be based on square footage and function.
• Electrical distribution system type, voltage, and approximate building electrical
load. Calculations will be based on square footage and function.
• Anticipated lighting system and fixture types.
• Plumbing system type, approximate capacities, and fixture descriptions.
• Fire protection system type.
3. Provide verbal question and answer assistance to the Cost -Estimating Consultant to
clarify system types and probable materials.
4. Attend design team meetings with architect, owner, and other required consultants to
develop system concepts and establish mechanical equipment space requirements and
optimization of the equipment room locations. Identify MEP requirements and locate all
Owner -furnished equipment prior to the start of the Design Development phase.
P:\1. Project Proposals\BSW\Lubbock FS 20 MEP Proposal.docx
EXHIBIT E -Page 5 of 9
Brinkley Sargent Wiginton
Attn: Doug Edney
Proposal 21677
October 7, 2021
Page S of 9
Design Development
This submittal shall be based upon a single approved Schematic Design Concept. The Scope of Work
shall consist of:
1. Systems narrative for the mechanical, electrical, plumbing, and fire protection systems, and
shall include:
a. HVAC system descriptions including major equipment quantities such as air handling
units, diffusers, and pumps. The system descriptions will indicate capacities,
manufacturers, model numbers, and features.
b. Electrical distribution system descriptions including major equipment quantities
such as switchgear, distribution panels and outlet devices. The system descriptions
will indicate capacities, manufacturers, model numbers and features.
C. Lighting system descriptions including fixture quantities or quantities per square
foot. The system descriptions will indicate manufacturers, model numbers and
features.
d. Plumbing system descriptions including major equipment quantities such as water
heaters, pumps, backflow preventers, etc. The system descriptions will indicate
capacities, manufacturers, model numbers, fixture types and features.
e. Fire protection system descriptions.
2. Manufacturers' technical descriptive bulletins (cut sheets) will be provided for the key
components of the mechanical, electrical and plumbing systems.
3. Drawings and sketches showing the following:
a. Layout of major mechanical and electrical equipment in mechanical rooms.
b. Routing of main supply ductwork where structural and/or architectural coordination
is required, to indicate zoning. Layout of lateral ductwork is not included.
C. Layout of supply and return air diffuser locations for typical areas.
d. Layout of typical lighting fixture locations and switching configuration of non-
standard areas.
e. Site plans indicating transformer location and primary electrical conduit routing.
f. Layouts of power, telephone, data and other outlet locations.
4. Provide verbal question and answer assistance to the Cost -Estimating Consultant to
clarify system types and probable materials.
PA1. Project Proposals\BSW\Lubbock FS 20 MEP Proposal.docx
EXHIBIT E -Page 6 of 9
Brinkley Sargent Wiginton
Attn: Doug Edney
Proposal 21677
October 7, 2021
Page 6 of 9
50% Construction Document (Intermediate Submittal)
This submittal will be based upon a single approved Design Development submittal. The intent will
be to provide information required to coordinate key interdisciplinary areas of the work and to
update construction costs. The Scope of Work shall consist of:
1. Progress floor plans and sketches of details where required for interdisciplinary
coordination.
2. Project specifications.
3. Provide verbal question and answer assistance to the Cost -Estimating Consultant to clarify
system types and probable materials.
4. Attend formal design team meetings to coordinate between disciplines.
100% Construction Documents
This submittal shall be based upon a single approved 50% Construction Document Design submittal
and shall consist of:
1. Construction drawings.
2. MEP specifications.
Biddin
The bidding phase shall consist of:
1. Attending pre -bid meeting at the site.
2. Responding to RFI's and Issue Addendum
Construction Phase Services
The construction administration phase shall consist of:
Six (6) site visits will be provided during construction. One site visit will be used to conduct
a pre -construction meeting with all MEP subcontractors. It is anticipated that the site visits
will cover the following construction milestones during the monthly visit: rough -in, open
wall, above ceiling, pre -final punch, and final punch confirmation. Additional visits will be
provided at hourly rates according to our published Professional Fee Schedule in effect at
the time the work is performed.
2. Standard shop drawing and submittal review services to include one (1) initial submission
review, and one (1) re -submission review, as required in the project specifications.
PM. Project Proposals\BSW\Lubbock FS 20 MEP Proposal.docx