HomeMy WebLinkAboutResolution - 2022-R0071 - Professional Services Agreement with Parkhill 2.8.22Resolution No. 2022-R0071
Item No. 7.13
February 8, 2022
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 fc
and on behalf of the City of Lubbock, Professional Services Agreement No. 16308 for publi
safety improvement project - evidence warehouse/crime lab design, by and between the City c
Lubbock and Parkhill, a Texas Corporation, and related documents. Said Contract is attache
hereto and incorporated in this resolution as if fully set forth herein and shall be included in th
minutes of the City Council.
THAT the City Council finds it to be in the best interest of the citizens of the City of
Lubbock in order to expedite the performance of city business, to delegate authority to execute
any amendments, the value of which individually shall not exceed $50,000, for changes to the
scope of services along with associated costs and savings for Contract 16308, to the City
Manager of the City of Lubbock.
Passed by the City Council on February 8, 2022
L'�J J��
DANIEL M. POPE, MAYOR
ATTEST:
(� 't-Jg4' , , X--�
Rita Garza, City Secr Oy
APPROVED AS O CONTENT:
Bill HqCvAon, Deputy Ci
AP ROVED AS TO FORM:
Felli &Leisur'&e,Ass&istAant;City Attorney
ccdocs/RES.PSA-No.16308 evidence warehouse Parkhill
1.24.22
Resolution No. 2022-R0071
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement") Contract No. 16308 is entered into this 8th
day of February , 2022, is by and between the City of Lubbock (the "City"), a Texas home rule
municipal corporation, and Parkhill, (the" Architect"), a Texas corporation.
WITNESSETH
WHEREAS, The City desires to contract with the Architect to provide professional services for
the Public Safety Improvement Project Evidence Warehouse/Crime Lab (the "Activities"); and
WHEREAS, the Architect has a professional staff experienced and is qualified to provide
professional services related to Activities, and will provide the services, as defined below, for the price
provided herein, said price stipulated by the City and the Architect to be a fair and reasonable price; and
WHEREAS, the City desires to contract with the Architect to provide professional services
related to the Activities, and Architect desires to provide the Services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and the Architect hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of fourteen (14) months or the completion of the Activities, whichever shall occur last. If the
Architect determines that additional time is required to complete the Services, the City Architect, 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.
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").
Page 1 of 12
B. The Architect shall receive as consideration to be paid for the performance of the Services, in
an amount not to exceed Five Hundred Ninety Nine Thousand One Hundred and no/100 Dollars
($599,100.00), as set forth in Attachment "A" and for such rates as set forth in Attachment "C".
ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Architect. In the event this Agreement is so terminated, the City shall only
pay the Architect for services actually performed by the Architect up to the date the Architect is deemed to
have received notice of termination, as provided herein.
B. Termination and Remedies. In the event the Architect breaches any term and/or provision of this
Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at
law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an
action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON - ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. The Architect is a corporation duly organized, validly existing, and in good standing
under the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Corporate Power. The Architect has the corporate power to enter into and perform this
Agreement and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part
Page 2 of 12
of the Architect. This Agreement constitutes legal, valid, and binding obligations of the Architect and is
enforceable in accordance with the terms thereof.
D. Architect. The Architect maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both
state and federal, including, without limitation the applicable laws, regarding the Activities contemplated
hereby.
E. Performance. The Architect will and shall conduct all activities contemplated by this Agreement
in accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional services, and comply with all applicable laws, rules, and regulations,
both state and federal, relating to professional services, as contemplated hereby.
F. Use of Copyrighted Material. The Architect warrants to the best of their information, knowledge
and belief that any materials provided by the Architect for use by City pursuant to this Agreement shall not
contain any proprietary material owned by any other party that is protected under the Copyright Act or any
other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or
reproduction of materials. The Architect shall be solely responsible for ensuring that any materials provided
by the Architect pursuant to this Agreement satisfy this requirement and the Architect agrees to indemnify
and hold City harmless from all liability or loss caused to City or to which City is exposed on account of
the Architect's failure to perform this duty.
ARTICLE VI. SCOPE OF WORK
The Architect shall accomplish the following: Professional Services related to the Services, as
provided in Exhibit "A", attached hereto and made a part hereof.
ARTICLE VII. INDEPENDENT CONTRACTOR STATUS
The Architect and the City agree that the Architect shall perform the duties under this Agreement
as an independent contractor and shall be considered as independent contractor under this Agreement and/or
in its activities hereunder for all purposes. The Architect has the sole discretion to determine the manner in
which the Services are to be performed. During the performance of the Services under this Agreement, the
Architect and the Architect's employees and/or sub -consultants, will not be considered, for any purpose,
employees or agents of the City within the meaning or the application of any federal, state or local law or
regulation, including without limitation, laws, rules or regulations regarding or related to unemployment
insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind.
Page 3 of 12
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
Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas
Page 4 of 12
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 A,
attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants.
The Architect is at all times responsible to the City to perform the Services as provided in this Agreement
and the Architect is in no event relieved of any obligation under this Agreement upon retainage of any
approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Architect shall
be required by the Architect to carry, for the protection and benefit of the City and the Architect and naming
said third parties as additional insureds, insurance as described above required to be carried by the Architect
in this Agreement.
The Architect acknowledges that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
ARTICLE X. CONFIDENTIALITY
The Architect shall retain all information received from or concerning the City and the City's
business in strictest confidence and shall not reveal such information to third parties without prior written
consent of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK
AND ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES FROM ALL SUITS, ACTIONS,
Page 5 of 12
LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
REASONABLE EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S
FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED
OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING
OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ARCHITECT, ITS
AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE,
OPERATIONS OR OMISSIONS UNDER THIS 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 currently in effect at the time of this Agreement.
ARTICLE XIII. NOTICE
A. General. Whenever notice from the Architect to the City or the City to the Architect is required
or permitted by this Agreement and no other method of notice is provided, such notice shall be given by
(1) actual delivery of the written notice to the other party by hand (in which case such notice shall be
effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3)
by depositing the written notice in the United States mail, properly addressed to the other party at the
address provided in this article, registered or certified mail, return receipt requested, in which case such
notice shall be effective on the third business day after such notice is so deposited.
B. Architect's Address. The Architect's address and numbers for the purposes of notice are:
Mike W. Moss — Principal -In -Charge
Parkhill
4222 85`h Street
Lubbock, Texas 79423
Telephone: 806-473-2200
Facsimile: 806-473-3500
C. City's Address. The City's address and numbers for the purposes of notice are:
Wes Everett — Director of Facilities Management
City of Lubbock
P.O. Box 2000
1314 Avenue K
Lubbock, Texas 79457
Telephone: 806-775-2275
Page 6 of 12
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.
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
Page 7 of 12
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 "A" through `B" attached hereto, contains
the entire agreement between the City and the Architect, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint
enterprise, partnership or principal — agent relationship between the Architect and the City.
K. Documents Owned by City. Any and all final 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 parry'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
Page 8 of 12
thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall
not be obligated under this Agreement beyond the Non -Appropriation Date.
O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City
from entering into a contract with a vendor that is identified by The Comptroller as a company known to
have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization
P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more
full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public
funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it
does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association or (2) the verification required by
Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company
with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more,
Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
will not discriminate during the term of the contract against a firearm entity or firearm trade association.
R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas
Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time
employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant
to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott
energy companies during the term of the Agreement. This verification is not required for an agreement
where a governmental entity determines that these requirements are inconsistent with the governmental
entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
S. 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.
Page 9 of 12
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.
T. Professional Responsibility. All architectural or Architecting services to be performed shall be
done with the professional skill and care ordinarily provided by competent architects or Architects
practicing under the same or similar circumstances and professional license.
Page 10 of 12
PAGE LEFT BLANK INTENTIONALLY
Page 11 of 12
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
ATTEST:
Qk&t:�_Ctz ))c
Reb cca Garza, City Secre ary
APPROVED AS TO CONTENT:
(I 1(�a. &(]'� " #
Wesley D. Eve , Director of Facilities
Management
APPROVED AS TO FORM:
<
elli Leisure, Assistant City Attorney
LJV
DANIEL M. POPE, MAYOR
Firm
PARKHILL
By: �"vl / r
Email: M vdS� Z,. Ga tt ��/� ea
Page 12 of 12
Parkhill
Exhibit A
January 18, 2022
City of Lubbock
Wes Everett- Director Facilities Management
PO Box 2000
1625 131h St
Lubbock, TX 79457
(806) 775-2275
RE: Proposal/Scope for Professional Services — Evidence Warehouse & Crime Lab (EW&CL)
Dear Mr. Everett:
Parkhill (A/E) is pleased to have the opportunity to provide this proposal for Architectural, Interior Design &
Engineering services to The City of Lubbock (Owner) for a new Evidence Warehouse & Crime Lab (Project).
SCOPE OF SERVICES
The project consists of a new 25,000 SF facility, construction costs estimated to be $6,400,000, containing evidence
storage space and the City's crime laboratory. The project is being managed by Darren Densford, AIA (City of
Lubbock Architect). The A/E will assist City Staff in completing the design based upon the information provided to
the A/E at the conclusion of the Schematic Design (SD) Phase.
Based upon the City of Lubbock RFQ dated December 7, 2021, the Basic Design Services shall include modified
Architectural, Interior Design, Structural, Mechanical, Electrical and Plumbing Engineering Services, Civil
Engineering, Landscape Architecture, IT/AV and Furniture, Fixtures & Equipment (FF&E).
As described in the RFQ dated 12/7/2021, the Project Manager for the project will be the City of Lubbock Architect -
Darren Densford, AIA. The A/E will work together with Darren to staff the project as necessary to maintain the
project schedule and expectations. It is anticipated that the licensed architect signing the project will be employed
by the A/E to meet all State and local requirements.
The attached Budgetary Analysis "Attachment B" provides a basis for professional design fees being proposed for
this scope of work.
Both parties recognize that the Initial Information may materially change, and in that event, the Owner and the A/E
shall appropriately adjust the schedule, the A/E's services, and the A/E's compensation, the Owner's budget for the
Cost of Work and the Owner's anticipated design and construction milestones, as necessary to accommodate
material changes in the Initial Information.
Typical project phases and associated services include:
Limited Programming/Scope & Budget Verification and Schematic Design
The A/E will review the Schematic Design Deliverable provided by the City of Lubbock. The A/E will attend 3
meetings with the City of Lubbock and LPD including the kick-off/charrette meeting. Meeting minutes shall be
provided to the Owner. The owner shall maintain and issue complete meeting minutes. The Schematic Design
Deliverable shall provide a COMPLETE space program, schematic building floor plan, schematic site plan and a
W:\Sectors\Community Practice Sector\Pending Project Numbers\City of Lubbock -Evidence Warehouse Proposal\COL-
Crime Lab Proposal_2022.01.17.docm
4222 85th Street Lubbock, Texas 79423 806.473.2200 Parkhill.com
Evidence Warehouse "Attachment A" Page 2 January 18, 2022
preliminary Opinion of Cost (OPC). The A/E will work with the City to review the provided OPC to verify current
market trends, labor availability etc.
Evaluations of the Owner's budget for the Cost of the Work, and the preliminary Opinion of Probable Cost of the
Work and the updated Opinion of Probably Cost of the Work, prepared by the A/E, represent the A/E's judgment
as a design professional. It is recognized, however, that neither the A/E 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 A/E cannot and does not warrant or represent that bids or negotiated
prices will not vary from the Owner's budget for the Cost of the Work, or from any Opinion of Probable cost of the
Work, or evaluation, prepared or agreed by the A/E.
As used in this Proposal, the term hazardous materials shall mean any substances, including without limitation
asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials
(as each of these is defined in applicable federal statutes) or any other substances under any conditions and in
such quantities as would pose a substantial danger to persons or property exposed to such substances at or near
the project site.
Both parties acknowledge that the A/E's scope of services does not include any services related to the presence of
any hazardous or toxic materials. In the event the A/E or any other person or entity involved in the project encounters
any hazardous or toxic materials, or should it become known to the A/E that such materials may be present on or
about the jobsite or any adjacent areas that may affect the performance of the A/E's services, the A/E may, at its
sole option and without liability for consequential or any other damages, suspend performance of its services under
this Agreement until the Owner retains appropriate qualified consultants and/or contractors to identify and abate or
remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws
and regulations.
Electronic files created by the Owner during the programming/schematic design phase shall be provided to the A/E.
Design Development Phase
Based on the Owner's Schematic Design Deliverables stated above, and on the Owner's authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work, the A/E shall integrate the 2-D
CAD drawings provided by the City at the conclusion of the Schematic Design phase in a full REVIT model and will
participate in two Design Development Bluebeam Revu Studio Sessions to provide additional collaboration
regarding spatial organization, structural system methodologies and MEP requirement markups. During the Design
Development phase, the A/E will provide structural, civil and mechanical services to establish engineering systems
for the facility. A single interior finish board shall be provided by the A/E to determine the interior finishes for the
facility. Minor revisions to the initial finish selections can be made. 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, typical construction details and diagrammatic layouts of building
systems to better determine project size and budget. The Owner shall provide outline architectural and interior
design specifications to further define products and quality expectations.
Construction Documents Phase
Based upon the Owner's approval of the Design Development Phase Budget and Design Documents, the A/E shall
prepare Construction Drawings and MEP, structural and site specifications for the Owner's approval. The
Construction Drawings shall illustrate and describe the further development of the approved Design Development
Documents and shall consist of Drawings and engineering & IT/AV specifications setting forth, in detail, the level of
quality and performance criteria of materials and systems for construction of the Work. Complete project manual,
including architectural and interior specifications shall be provided by the owner.
All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR)
— Elimination of Architectural Barriers (EAB) Division for plan review for compliance with TAS requirements. The
A/E will include in the design of the Project all changes that are the result of the TDLR plan review submitted by the
Owner. After construction of the project TDLR requires an inspection of the project for compliance confirmation.
Evidence Warehouse "Attachment A" Page 3 January 18, 2022
However, the A/E cannot and does not warrant or guarantee that different rules and or interpretation may be applied
to the Owner's Project at the time of the final TDLR inspection. Compliance with changes required by the TDLR
final inspection that were not mentioned in the TDLR plan may be required. Note: TDLR project submission, plan
review, fees and inspection are the responsibility of the Owner.
Procurement Phase
The A/E will not prepare or distribute bid documents. The A/E shall assist the Owner by working together to prepare
a pre -bid meeting agenda and will attend the pre -bid meeting. The A/E shall participate in one meeting with the
owner to review the responses to assist in the selection of qualified contractors. Note: The A/E will not prepare the
advertisement.
Construction Phase
The A/E, as a representative of the Owner, shall visit the site at intervals as otherwise agreed upon by the Owner
and the A/E, (1) to become generally familiar with and to keep with Owner informed about the progress and the
quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies
in the Work and (3) to determine in general if the Work is being performed in a manner indicating that the Work,
when fully completed, will be in accordance with the Contract Documents. The A/E shall not be required to make
exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods and techniques,
sequences or procedures or for safety precautions and programs in connection with the Work since these are solely
the Contractor's rights and responsibilities under the Contract Documents. The A/E will attend the construction
kick-off meeting. The A/E will provide two (2) site visits per month (22 visits total targeting an 11-month construction
duration). The A/E will also provide a total of seven (7) site visits by the structural team and MEP teams during
construction. Additionally, the A/E will provide two (2) visits for the development of a punchlist and two (2) punchlist
back check site visits.
The A/E shall review or approve or take other appropriate action upon the Contractor's submittals such as
engineering Shop Drawings, Product Data and Samples. The Owner shall be responsible for checking for
conformance with information given and the design concept expressed in the Contract Documents for the
architectural and interior specifications.
The A/E will maintain use of Newforma and will manage the acceptance and distribution of submittals, RFI's etc.
The A/E shall NOT supervise, direct or have control over the Contractor's work nor have any responsibility for the
construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the
Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely
those of the Contractor. The Owner agrees that the general contractor shall be solely responsible for jobsite and
worker safety and warrants that this intent shall be carried out in the Owner's contract with the Contractor.
The A/E shall NOT be responsible for any acts or omissions of the Contractor, any subcontractor, any entity
performing any portions of the Work or any agents or employees of any of them. The A/E does not guarantee the
performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in
accordance with the Contract Documents or any applicable laws, codes, rules or regulations.
The will NOT review and certify the amounts due the Contractor and shall not issue certificates for payment in such
amounts in accordance with the Contract Documents. Review of payment applications and issuance of certificates
shall be the sole responsibility of the owner.
The A/E shall NOT prepare Change Orders and Construction Change Directives but will assist the owner with
drawing modifications necessary to issue such directives. The Owner, with supporting documentation and data if
deemed necessary by the A/E, may authorize changes in the Work not involving and adjustment in the contract
sum or an extension of the Contract Time which are consistent with the Intent of the Contract Documents.
If, due to an error or an omission by the A/E, any required item or component of the project is omitted from the
Construction Documents, the A/E shall not be responsible for paying the cost to add such item or component to the
Evidence Warehouse "Attachment A" Page 4 January 18, 2022
extent that such item or component would have been otherwise necessary to the project or otherwise add value or
betterment to the project.
The A/E shall assist the Owner's Commissioning Agent with their Agent's commissioning activities.
The A/E shall provide a Walk-Thru at approximately eleven (11) months after the Date of Substantial Completion.
Furniture Fixtures and Equipment (FF&E)
A/E shall provide minor coordination during the Design Development and Construction Documentation phases to
establish receptacle and data locations etc. The Owner will provide an OPC and furniture selections for
approval/revision. The A/E will attend a review meeting once a complete budget and furniture schedule is complete.
The Owner shall assemble selected furniture into a furniture specification and furniture layout plan to be used in
bidding or procurement of furniture pieces. Furniture items include desks, chairs, storage, filing, conference tables,
etc. Furniture layouts will be coordinated with other building equipment such as projectors, phones, copy machines,
paper shredders, etc. by the Owner. The Owner will coordinate and oversee the final installation and coordination
of ship dates. A/E will conduct a punch list of FF&E items with the owner.
Artwork can be selected and procured using a similar process as described for FF&E services above. If needed,
the Scope can be defined, and a fee can be negotiated upon Owner's request.
Use of A/E's Instruments of Service
Drawings, Specifications and other Documents, including those in electronic form, prepared by the A/E and the
A/E's Consultants are Instruments of Service for use solely with respect to this project. Any unauthorized use of
the Instruments of Service shall be at the Owner's sole risk and without liability to the A/E and the A/E's Consultants.
Services specifically excluded from our Scope of Services include, but are not limited to, the following:
■ Asbestos and Hazardous Materials Studies
■ Third -party Independent Construction Inspection Services
■ Construction Material Testing
■ Texas Department of Health Demolition Notification
■ Preparation of Construction Documents for more than one bid package
■ Phased Construction
DELIVERABLES
• Abbreviated Design Development Documents as described above, abbreviated 100% Construction
Documents as described above.
SCHEDULE
The A/E will work with the City to develop a reasonable schedule for the project identifying associated benchmark
deadlines.
COMPENSATION
Please see attached Fee Summary Sheet (Attachment B) for Professional Services.
A/E fees for the Scope of Professional Services described above will be based on an estimated hourly total of
$436,300 with a lump sum amount of $147,800.00 for MEP, and IT/AV & Security Consulting. Refer to
Attachment 'B' for fee sheet. The A/E hourly rate table is attached as Attachment C.
Evidence Warehouse "Attachment A" Page 5
January 18, 2022
Reimbursable expenses will be billed at invoice cost plus a fifteen percent markup for handling costs and include,
but are not limited to travel, postage/shipping, reproductions/copies, color plots/prints, accessibility review and
inspection fees, and reproduction of Contract Documents. The reimbursable expense also includes up to three (3)
photorealistic renderings. We estimate these expenses to be approximately $15,000.00.
If this proposal meets your expectations, you may indicate your acceptance by returning one signed copy to our
office. Upon receipt, we will wait to receive your Agreement and will consider receipt of the executed document as
authorization to proceed.
We appreciate the opportunity to provide professional services to you and look forward to the successful completion
of the Evidence Warehouse & Crime Lab. If you have any questions, please do not hesitate to call us.
Sincerely,
PARKHILL (A/E)
By
Sco elso , AIA, LEED AP BD+C
Principal I Dir. of Community Practice
/g.- MQW'-tr—'
By
Rjar
#k Wilkens, AIA
Sr. Associate
CITY OF LUBBOCK (Owner)
Accepted By: wa� &L b. (+a&
Z2,
"The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite
2-350, Austin, Texas 78701-394Z (512) 305-9000, www.tbae.state.tx.us has jurisdiction over complaints regarding
the professional practices of persons registered as architects, interior designers, landscape architects in Texas."
Attachment B
City of Lubbock
Evidence Warehouse
1.18.2022
Rate
Quant
Cost
Direct Cost(Fully Burdened Subcontractor - Primary Facility
Metal Buildin /Inferior Finish Out
$175.00
25,000
4,375,000
Desi nContingency
3.5%
153,125
Total Direct Construction Cost
$ 4,528,125
GC Overhead & Profit
7.0%
$ 316,969
Gen Conditions
5.87.
$ 260,367
Construction Continqency
5.0%1
$ 226,406
PRIMARY FACILITY TOTAL CONSTRUCTION
$197.48
5,331,867
Direct Cost - Site & Supporting Facilities
Paving
$12.00
18,500
$ 222,000
Utilities
$300.00
500
$ 150,000
Landscaping
$10.00
2,000
$ 20,000
Design Contingency
3.5%
13,720
Total Direct Construction Cost
$ 482,220
GC Overhead & Profit
7.07.
33,755
Gen Conditions
5.8%1
$ 27,969
Construction Conlin enc
5.0%1
Is 24,111
SITE & SUPPORTING FACILITIES TOTAL CONSTRUCTION
I
Is 568,0S5
Construction Cost Escalation Assumes Construction Start of Dec. 2022
8.0%1
Is 471,994
A/E DESIGN FEES & SOFT COSTS
Architectural Services
Est. Hourly
$ 251,700
Interior Design Services
Est. Hourly
$ 12,800
Mechanical & Electrical Engineering
Lump Sum
$ 112,800
Structural Engineering
Est. Hourly
$ 63,800
Civil Engineering (on -site only assuming 1.0 acre site, excludes off -site utilities.
municipal improvements, plaiting. site entitlement)
Est. Hour
$ 77,000
Landscape Architecture
Est. Hourly
$ 26,000
FF&E Consulting
Est. Hourly
$ 5,000
AVAT/Security Consultant
Lump Sum
b 35,000
Surveying
Not in Scope
Asbestos Survey
Not in Scope
Geotech
Not in Scope
Move Management
I Not in Scone
Reimbursables Expenses (budget)
Estimate
Is 15,000
A/E Services Contingency
Est. Hourly
CONSTRUCTION RELATED SOFT COSTS
Commissioning
By Owner
Construction Materials Testing
By Owner
OWNER DEFINED SOFT COSTS
Undefined Owner Costs
Technology
Communications
Budget
$ 50.000
Fixtures, Furniture, & Equipment
Budget
$ 300,000
Misc. Equipment
Budget
65,000
Owner Contin enc
Total Project Cost $ 7,386,016
""NOTE., Opinion of Cost does not constitute a bid., It is a an opinion of what construction is expected to cost at the time the project is bid. Factors such as bid
climate, material availability, schedule, and scoping may have a significant Impact on actual project costs.
Attachment C
Parkhill
Hourly Rate Schedule
January 1, 2022 through December 31, 2022
Client:
Agreement Date:
HOURLY
CLASSIFICATION RATE CLASSIFICATION
SUPPORT STAFF 1
$68.00
SUPPORT STAFF II
$79.00
SUPPORT STAFF III
$109.00
SUPPORT STAFF IV
$116.00
SUPPORT STAFF V
$129.00
SUPPORT STAFF VI
$139.00
PROFESSIONAL LEVEL I
Architect
$137.00
Civil Engineer
$142.00
Electrical Engineer
$145.00
Interior Designer
$130.00
Landscape Architect
$130.00
Mechanical Engineer
$142.00
Structural Engineer
$136.00
Surveyor I
$103.00
Other Professional
$128.00
PROFESSIONAL LEVEL II
Architect
$147.00
Civil Engineer
$159.00
Electrical Engineer
$164.00
Interior Designer
$137.00
Landscape Architect
$137.00
Mechanical Engineer
$164.00
Structural Engineer
$154.00
Surveyor II
$115.00
Other Professional
$135.00
PROFESSIONAL LEVEL III
Architect
Civil Engineer
Electrical Engineer
Interior Designer
Landscape Architect
Mechanical Engineer
Structural Engineer
Surveyor III
Other Professional
PROFESSIONAL LEVEL IV
Architect
Civil Engineer
Electrical Engineer
Interior Designer
Landscape Architect
Mechanical Engineer
Structural Engineer
Surveyor IV
Other Professional
PROFESSIONAL LEVEL V
Architect
Civil Engineer
Electrical Engineer
Interior Designer
Landscape Architect
Mechanical Engineer
Structural Engineer
Professional Surveyor V
Other Professional
Project:
Location:
HOURLY HOURLY
RATE CLASSIFICATION RATE
$167.00
$197.00
$191.00
$150.00
$162.00
$191.00
$189.00
$134.00
$147.00
$205.00
$230.00
$225.00
$164.00'
$175.00
$225.00
$219.00
$154.00
$174.00
$249.00
$277.00
$275.00
$197.00
$213.00
$275.00
$264.00
$181.00
$194.00
Expenses: Reimbursement for expenses as listed, but not limited to, incurred in connection with services,
will be at cost plus 15 percent for items such as:
PROFESSIONAL LEVEL VI
Architect
Civil Engineer
Electrical Engineer
Interior Designer
Landscape Architect
Mechanical Engineer
Structural Engineer
Professional Surveyor VI
Other Professional
PROFESSIONAL LEVEL VII
Architect
Civil Engineer
Electrical Engineer
Interior Designer
Landscape Architect
Mechanical Engineer
Structural Engineer
Professional Surveyor VII
Other Professional
1. Maps, photographs, postage, phone, reproductions, printing, equipment rental, and special supplies related to the services.
2. Consultants, soils engineers, surveyors, contractors, and other outside services.
3. Rented vehicles, local public transportation and taxis, road toll fees, travel, and subsistence.
4. Special or job -specific fees, insurance, permits, and licenses applicable to work services.
5. Mileage at IRS -approved rate.
Rate for professional staff for legal proceedings or as expert witnesses will be a rate one -and -a -half times these Hourly Rates. Excise
and gross receipt taxes, if any, will be added as an expense.
Foregoing Schedule of Charges is incorporated into the Agreement for Services provided, effective January 1, 2022 through December 31, 2022.
After December 31, 2022, invoices will reflect the Schedule of Charges currently in effect.
$277.00
$298.00
$311.00
$239.00
$257.00
$311.00
$285.00
$241.00
$356.00