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HomeMy WebLinkAboutResolution - 2018-R0198 - MWM Architects - 06/28/2018Resolution No. 2018-RO198 Item No. 6.11 June 28, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COIJNCII. OF l'HE 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, Processional Services Agreement No. 13951 for Architectural Services, by and between the City of' Lubbock and MWM Architects, Inc., 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 June 28, 2018 . _ DANIEL M. POPE, MAYOR ATTEST: k.Rleb-��c�a Gal'La, t y Secretar APPROVED AS TO CONTENT: Mark rwood, Assistant City Manager APPROVED AS TO DORM: elli Leisure, Assistant City Attorney ccdocs''RF S.PSC-139i 1 MWM Architects 06.18.18 Resolution No. 2018-RO198 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No.13951 is entered into this 99th day of June, 2018, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and MWM Architects, Inc. (the "Architect"), a Texas corporation. WITNESSETH WHEREAS, the City desires to contract with the Architect to provide professional services for Public Safety Improvement Project, Three (3) Police Substations located on three (3) different sites (the "Activities"); and WHEREAS, the Architect has a professional staff experienced and is qualified to provide professional services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Architect to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Architect to provide professional services related to the Activities, and Architect desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Architect hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 660 days. If the Architect determines that additional time is required to complete the Services, the City may, but is not obligated to, in its 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. Page 1 of 10 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 One Million Three Hundred Seventy Eight Thousand Twenty Five and no/100 Dollars ($1,378,025.00), as set forth in Exhibit "A". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Architect. In the event this Agreement is so terminated, the City shall only pay the Architect for services actually performed by the Architect up to the date the Architect is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Architect breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. •\L_ 71_Y_[019ATA;7 '-993-OOZOrllIDULV.1►111i.•l:\:1:7: ZVIIW 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. Page 2 of 10 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 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 Page 3 of 10 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. 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: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Architect shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of the Architect herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Architect shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 10 The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Architect shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Architect maintains said coverage. The Architect may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Architect fails to maintain the required insurance in full force and effect, the Architect shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. 0-141 1i-101anoi:ABlui 01111u1Wil01yX"Biel&M:11011V.11leileroze)X911I►`111NIMellV The Architect may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of the Architect, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub - consultants. The Architect is at all times responsible to the City to perform the Services as provided in this Agreement and the Architect is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Architect shall be required by the Architect to carry, for the protection and benefit of the City and the Architect and naming said third parties as additional insureds, insurance as described above required to be carried by the Architect in this Agreement. The Architect represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X. CONFIDENTIALITY The Architect shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES FROM SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REASONABLE EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ARCHITECT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Architect shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto 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. Page 6 of 10 B. Architect's Address. The Architect's address and numbers for the purposes of notice are: MWM Architects, Inc. Stephen L. Faulk — Vice President 2022 Broadway Avenue Lubbock, Texas 79401 Telephone: 806.745.7707 Facsimile: 806.745.7620 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Wes Everett - - Director Facilities Management P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806.775.2275 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Architect non -confidential studies, reports and other available data in the possession of the City pertinent to the Architect's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Architect's Services under this Agreement (the "Provided Data"). The Architect shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Architect shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Architect's books and records with respect to this Agreement between the Architect and the City. Page 7 of 10 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 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 "D" 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. Page 8 of 10 K. Documents Owned by the City. Any and all final documents, drawings and specifications prepared by the Architect as part of the Services hereunder, shall become the property of the City when the Architect has been compensated as set forth in Article II, above. The Architect shall make copies of any and all work products for its files. 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. No Boycott of Israel. The Architect warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Architect does not boycott Israel; and (2) The Architect will not boycott Israel during the term of the Agreement. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK �'/v - DANIEL M. POPE, MAYOR APPROVED AS TO CONTENT: (IL& 'i� o' ev Wesley D. rett, Director of Facilities Management APPROVED AS TO FORM: f elli Leisure, Assistant City Attorney Firm Page 10 of 10 EXHIBIT "A" rwm architects June 11, 2018 Mr. Wesley Everett Director of Facilities Management City of Lubbock 1625 131h Street Lubbock, Texas 79401 Re: Design Services for Three Police Substations located in Lubbock, Texas. Dear Mr. Everett: MWM Architects, Inc. is pleased to submit its Proposal to provide the Design Services for Three (3) Police Substation located on three (3) separate 4 acre+ sites, located in Lubbock, Texas. Basic Design Services shall include normal Architectural and Structural Design Services. The Mechanical, Electrical and Plumbing Engineering Services shall be provided by our Mechanical, Electrical and Plumbing Engineering Consultants and shall be part of our Basic Services. Basic Services include the following Phases of our Work: EAST SITE SCHEMATIC DESIGN PHASE The Architect shall review the Program furnished by the Owner to ascertain and confirm the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. The Architect shall review with the Owner alternative approaches to design and construction of the Project. Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of Drawings and other Documents illustrating the scale and relationship of Project components. The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. DESIGN DEVELOPMENT PHASE Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner. Design Development Documents consisting of Drawings and other Documents to fix and describe the size and character of the Project as to the Architectural, Structural, Mechanical and Electrical Systems. Materials and such other elements as may be appropriate. MWM Architects, Inc. 2022 Broadway Lubbock, Texas 79401 Phone (806)745-7707 Fax(806)745-7620 Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P. Robinett, P.E. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an arch.tect in Texas Texas Board of Architectural Examiners P O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax (512) 305-8900 �Jl 6 If ell J _ --i architects The Architect shall provide FF&E design services as illustrated in Exhibit "D". The Architect shall assist the Owner's CM@Risk contractor in developing any adjustments to the preliminary estimate of Construction Cost. CONSTRUCTION DOCUMENTS PHASE Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract and the form of Agreement between the Owner and Contractor. The Architect shall assist the Owner's CM@Risk with developing any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements or general market conditions. 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. BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining CM@Risk bids or negotiated proposals in awarding and preparing Contracts for construction. The Architect shall "not" be required to process FF&E purchase orders and/or purchase said FF&E items. CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents, The Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Architect shall review and certify the amounts due the Contractor and shall issue certificates for payment in such amounts in accordance with the Contract Documents. The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. MWIM Architects, Inc. 2022 Broadway Lubbock. Texas 79401 Phone (806)745-7707 Fax(806)745-7620 Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P. Robinett, P E. 'The Texas Board of Arch tectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas Texas Board of Architectural Examiners P.O Box 12337 Austin, TX 78711-2337 Telephone (512)305-9000 Fax, (512) 305-8900 a 11MOV architects The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the Intent of the Contract Documents The Architect shall assist the Owner's Commissioning Agent with their Agent's commissioning activities. The Architect shall provide a Warranty Punch List Walk-thru at approximately eleven (11) months after the Date of Substantial Completion. SOUTH SITE DESIGN PHASE The Architect shall utilize the Design developed for the East Site and "adapt" said Design, including architectural. structural, MEP, civil, IT/AV/Security, and landscaping design, to the South Site. The Architect shall, through their Civil Consultant, provide platting documents for the South Site. The Architect shall provide FF&E design services as illustrated in Exhibit "D". CONSTRUCTION DOCUMENTS PHASE Based on the approved Site Adapted Design Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract and the form of Agreement between the Owner and Contractor The Architect shall assist the Owner's CM@Risk with of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements or general market conditions 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. BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary CM@Risk's estimate of Construction Cost, shall assist the Owner in obtaining CM@Risk bids or negotiated proposals in awarding and preparing Contracts for construction. The Architect shall "not" be required to process FF&E purchase orders and/or purchase said FF&E items MWM Architects, Inc. 2022 Broadway Lubbock, Texas 79401 Phone (806)745-7707 Fax (806)745-7620 Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P Robinett, RE "The Texas Board of Architectural Exam ners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas Texas Board of Architectural Examiners P O. Box 12337 Austin, TX 78711.2337 Telephone (512)305.9000 Fax (512) 305-8900 VWM architects CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect. (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work and (3) to determine in general if the Work is being performed in a manner Indicating that the Work. when fully completed, will be in accordance with the Contract Documents, The Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Architect shall review and certify the amounts due the Contractor and shall issue certificates for payment in such amounts in accordance with the Contract Documents. The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the Intent of the Contract Documents. The Architect shall assist the Owner's Commissioning Agent with their Agent's commissioning activities. The Architect shall provide a Warranty Punch List Walk-thru at approximately eleven (11) months after the Date of Substantial Completion. NORTH SITE DESIGN PHASE The Architect shall utilize the Design developed for the East Site and "adapt" said Design to the North Site. The Architect shall, through their Civil Consultant, provide platting document for the North Site. The Architect shall provide FF&E design services as illustrated in Exhibit "D". CONSTRUCTION DOCUMENTS PHASE Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. MWM Architects, Inc. 2022 Broadway Lubbock, Texas 79401 Phone (806)745-7707 Fax (806)745-7620 Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P. Robinett, P.E. 'The Texas Board of Architecturai Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas Texas Board of Arch,tectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305.6900 VWM architects The Architect shall assist the Owner in the preparation of the necessary bidding information. bidding forms, the Conditions of the Contract and the form of Agreement between the Owner and Contractor. The Architect shall assist the Owner's CM@Risk with any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements or general market conditions. 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. BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary CM@Risk's estimate of Construction Cost, shall assist the Owner in obtaining CM@Risk bids or negotiated proposals in awarding and preparing Contracts for construction. The Architect shall "not" be required to process FF&E purchase orders owed/or purchase said FF&E items. CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents, The Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Architect shall review and certify the amounts due the Contractor and shall issue certificates for payment in such amounts in accordance with the Contract Documents. The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. The Architect shall assist the Owner's Commissioning Agent with their Agent's commissioning activities. MWM Architects, Inc. 2022 Broadway Lubbock, Texas 79401 Phone (806)745-7707 Fax(806)745-7620 Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P. Robinett, P.E. "The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas.' Texas Board of Architectural Examiners P.O Box 1233 1 Austin TX 78711.2337 Telephone (512)305-9000 Fax, (512) 305-8900 Tv ­ architects The Architect shall provide a Warranty Punch List Walk-thru at approximately eleven (11) months after the Date of Substantial Completion. USE OF ARCHITECT'S INSTRUMENTS OF SERVICE Drawings. Specifications and other Documents, including those in electronic form, prepared by the Architect and the Architect's Consultants are Instruments of Service for use solely with respect to this Project. The Architect and their Consultants shall be deemed the Authors and Owners of their respective Instruments of Service for the above reference Project and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service for the above referenced Projects to meet official regulatory requirements or for any similar purposes in connection with those referenced Projects shall not be construed as publication in derogation of the reserved rights of The Architect and their Consultants. Upon execution of this Agreement, the Architect grants to the Owner the first nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's Consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven (7) calendar days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes for completing, using and maintaining the Project. Except for the licenses granted elsewhere in this Proposal, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by the first granted license. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project shall not be construed as publication in derogation of the reserved rights of the Architect and the Architect's Consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other future projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's Consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's Consultants. Prior to the Architect providing to the Owner any Instruments of Service in electronic form, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of MWM Architects, Inc. 2022 Broadway Lubbock Texas 79401 Phone (806)745-7707 Fax(806)745-7620 Stephen L Faulk, AIA Melanie P. Meixner. AIA Jason R. Moore, AIA Joel P. Robinett. P.E. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax: (512) 305-8900 VWM architects such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. The Texas Board of Architectural Examiners, P. O. Box 12337, Austin, Texas, 78711-2337; 512-305- 9000, has jurisdiction over individuals licensed under Article 249a Vernon's Texas Civil Statutes, Regulation of the Practice of Architecture. Our Basic Service Fee for the Design Work is as follows: EAST SUBSTATION Architectural Fee (including structural & MEP) $488,000.00 FF&E Fee $22,000 00 Survery/Platting/Zoning, Municipal Improvements, Site Civil, Bidding/CA (does not include off -plat easements) * $102,500.00 Geotechnical $ 8,000.00 Landscape Architecture $ 25,000.00 IT/AV/Security $ 45,000.00 Reimbursable Expenses 22 820.00`'""' TOTAL EAST FEE $713,320.00 SOUTH SUBSTATION Construction Administration $ 90,000.00 Architectural Design Site Adapt $ 50,000.00 Structural Adapt $ 15,000.00 MEP Adapt $ 25,000.00 Survery/Platting/Zoning, Municipal Improvements, Site Civil, Bidding/CA (does not include off -plat easements) ** $ 96,200.00 Geotechnical $ 8,000.00 Landscape Design Site Adapt $ 20,000.00 IT/AV/Security Adapt $ 12,500.00 Reimbursable Expenses 10 140.00**— TOTAL SOUTH FEE $326,840.00 NORTH SUBSTATION Construction Administration $ 90,000.00 Architectural Design Site Adapt $ 50,000.00 Structural Adapt $ 15,000.00 MEP Adapt $ 25.000.00 Survery/Platting/Zoning, Municipal Improvements, Site Civil, Bidding/CA (does not include MWM Architects, Inc Stephen L. Faulk, AIA 2022 Broadway Melanie P. Meixner, AIA Lubbock. Texas 79401 Jason R. Moore, AIA Phone (806)745-7707 Fax(806)745-7620 Joel P. Robinett, P.E. 'The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas Texas Board of Architectural Examiners P 0 Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax (512) 305-8900 rWMarchitects off -plat easements) *" $113,200.00 (allowance)*** Geotechnical $ 8,000.00 Landscape Design Site Adapt $ 20,000.00 IT/AV/Security Adapt $ 12,500,00 Reimbursable Expenses 4 165.00**** TOTAL NORTH FEE $337,865.00 GRAND TOTAL OF FEES $ 1,378,025.00***** * Exhibit B — Anticipated Hugo Reed Services for East 191h Street and MLK Boulevard ("East Site") ** Exhibit C — Anticipated Hugo Reed Services for the "South Site" ***This Allowance will be adjusted once the North Site is identified. ****This Reimbursable item includes the not to exceed Dewberry travel and the TAS Review and Inspection Fee. It does "not" include any City of Lubbock Fees Associated with the Municipal Improvements It does "not" include any Contract Document "Bid Set" printing as that expense shall be part of the CM@Risk Services. *****Please understand that this Fee is a result of only knowing the approximate location of the South Site, not knowing the location of the North Site and the associated fees to "adapt" the design to those two (essentially) unknown sites and having to commit to a not to exceed fixed fee. Even though MWM Architects, Inc. does "not" have any control over the construction time, it is anticipated that the Work could take some six hundred, sixty (660) calendar days to complete. MWM's fee(s) does not include Reimbursable Expenses. Reimbursable Expenses shall not be incurred unless authorized by the Owner. Reimbursable expenses include, but are not limited to: 1. MWM Transportation in connection with the Project, authorized and/or Owner requested out-of-town travel and subsistence and electronic communications; 2. Fees paid for securing approval of authorities having jurisdiction over the Project other than TAS Fees; 3. Reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; 4. Other Similar Direct Project -Related Expenditures. All identification, removal and/or mitigation of any hazardous material associated with the Project shall be the Owner's responsibility and handled accordingly. Any work required that is not included under Basic Services or for changes or revisions to any previously approved design work shall be invoiced at hourly rates as follows: MWM Architects. Inc. Principal $200 00/hr Architects $175.00/h r Engineer $175.00/hr Engineer -In -Training $90.00/hr Architectural Intern $90.00/hr MWM Architects, Inc. 2022 Broadway Lubbock, Texas 79401 Phone (806)745-7707 Fax(806)745-7620 Agnew Associates. Inc. Principal Senior Licensed Engineer Licensed Engineer Project Manager Engineer $170.00/hr $145.00/hr $125.00/hr $110 00/hr $100.00/hr Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P. Robinett, P.E. 'The Texas Board of Architectura: Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas Texas Board of Architectural Examiners R0. Box 12337 Austin, TX 78711-2337 Telephone: (512)305-9000 Fax (512) 305-8900 rwm architects Clerical $60.00/hr Design Personnel $85.00/hr Inspector $55.00/hr Support Personnel $55.00/hr Dewberry Hugo Reed and Associates. Inc. Professional Principal $280.00/hr Professional Engineer -Officer $200.00/hr Architect I, II, III $115.00/hr Engineering Project Manager $180.00/hr Architect IV, V, VI $165.00/hr Professional Engineer - Senior $170.00/hr Architect VII, VIII, IX $220.00/hr Professional Engineer $145.00/hr Interior Designer I, II, III, IV $150.00/hr Engineer -in -Training $110.00/hr Engineer I, II, III $125.00/hr Engineering Intern $88.00/hr Engineer IV, V, VI $175.00/hr Registered Professional Land Surveyor -Officer $200.00/hr Licensed State Land Surveyor $200.00/hr Engineer VII, VIII, IX $225.00/hr Surveying Project Manager $160.00/hr Other Professionals I, II, III $120.00/hr Registered Professional Land Surveyor $150.00/hr Other Professionals IV, V, VI $165.00/hr Surveying Field Crew Manger $105.00/hr Other Professionals VII, VIII, IX $225.00/hr Survey Crew Chief $85.00/hr Surveying Crew $175.00/hr Technical Director of Development Services $170.00/hr Geographer/GIS I, II, III $105.00/hr Development Associate $105.00/hr Geographer/GIS IV, V, VI $150.00/hr CADD Manager $110.00/hr Geographer/GIS VII, VIII, IX $220.00/hr CADD technician $88.00/hr Designer I, II, III $135.00/hr Accountant (CPA) $95.00/hr Designer IV, V, VI, VII $205.00/hr Research $72.00/hr CADD Technician I, II, III, IV $115.00/hr Clerical $60.00/hr Surveyor I, II, III $80.00/hr I.T. Manager $90.00/hr Surveyor IV, V, VI $120.00/hr *Reimbursables Cost + 10% Surveyor VII, VIII, IX $185.00/hr Other Technical I, II, III $100.00/hr Other Technical IV, V, VI $150.00/hr Construction Construction Professional I, II, III $155.00/hr NOTE: These hourly rates shall be adjusted on an annual Construction Professional IV, V. VI $215.00/hr basis. Inspector I, ll, III $110.00/hr Inspector IV, V, VI $155.00/hr Survey Field Crews Fully Equipped 1, 2, 3, 4 Person Crew $210.00/hr With Laser Scanner 1, 2 Person $200.00/hr Administration Admin Professional I, II, III, IV $110.00/hr Non -Labor Direct costs Cost + 15% The Owner shall be invoiced periodically on a percentage of completion basis and payment shall be made upon receipt in a Court of Law having jurisdiction of the submitted Invoice. No payment can be withheld unless the Architect has been judged to be at fault. Further, no retainage shall be withheld from any payment due the Architect. MWM Architects, Inc 2022 Broadway Lubbock, Texas 79401 Phone(806)745-7707 Fax(806)745-7620 Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P. Robinett, P.E. -The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect in Texas.' Texas Board of Architectural Examiners P.O Box 12337 Austin, TX 78711-2337 Telephone- (512)305-9000 Fax- 1512) 305-8900 rWM architects The Owner acknowledges that they shall pay for any and all Project Components, whether known or unknown and/or shown or not shown in the Contract Document, the first time. The Owner agrees to carry a ten (10%) percent contingency to cover the costs of any and all added project components mentioned above. MWM agrees to cover the costs of any additional costs over and above the base project component costs due to the late time of when a "known, but not shown" Project Component is added to the Project. If this Proposal is acceptable please acknowledge your acceptance below and we will assist the City of Lubbock with completing the City of Lubbock Professional Services Agreement.. Thanks for this opportunity and we at MWM Architects, Inc. look forward to working with you and the City of Lubbock on these Three Police Substation and enhancing the Public Safety of the Citizens of Lubbock, Texas. If you have any questions, please call me or Joel Robinett at (806) 745-7707. Sincerely, Stephen L. Faulk, AIA Vice President MWM Architects, Inc. Accepted: City of Lubbock MWM Architects, Inc. 2022 Broadway Lubbock, Texas 79401 Phone(806)745-7707 Fax(806)745-7620 Date: Stephen L. Faulk, AIA Melanie P. Meixner, AIA Jason R. Moore, AIA Joel P. Robinett, P.E. "The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as an architect +n Texas Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 Telephone (512)305-9000 Fax, (512) 305-8900 Exhibit B Anticipated Services for East 19t" Street and MLK Boulevard ("East Site") Survey, Plattinq and Zoninq • Architectural Design Survey • Subdivision Plat • Specific Use Zoning Case Municipal Improvements • Water Distribution (includes staking) • Sanitary Sewer (includes staking) • Sanitary Sewer Lift Station • Drainage Analysis Site Civil Services • Site Plan Development • SPRC • Demolition Plans • Dimension Plans • Site Grading and Paving Plans • Site Earthwork Plans • Concrete Jointing Plans • Site Utilities Plans • SWP3 Coordination • Specifications _Bidding/Construction • Pre -Bid Meetings • Pre -Construction Meetings • Bid Documents • Construction Site Visits • Construction Phase Services Not Included due to uncertain status — Off -plat easements, if required (to be billed hourly) Exhibit C Anticipated Services for "South Site" Survey, Platting and Zoning • Architectural Design Survey • Boundary Survey • Subdivision Plat • Specific Use Zoning Case Municipal Improvements • Water Distribution (includes staking) • Sanitary Sewer (includes staking) • Drainage Analysis Site Civil Services • Site Plan Development • SPRC • Dimension Plans • Site Grading and Paving Plans • Site Earthwork Plans • Concrete Jointing Plans • Site Utilities Plans • SWP3 Coordination • Specifications Bidding/Construction • Pre -Bid Meetings • Pre -Construction Meetings • Bid Documents • Construction Site Visits • Construction Phase Services Not Included due to uncertain status — Off -plat easements, if required (to be billed hourly) Exhibit Anticipated Services for FF&E Work 1. Programming 2. Schematic/Design Development 3. Contract Documents 4. Quotation/RFP 5. Administration of contract Documents Additionally, the scope of services can be described as follows: a. Selection and specification of all furniture and ancillary furniture based on the final architectural design plans. b. Coordination of furniture with building structural, power/voice/data systems. c. Preparation of a cost estimate for the procurement and installation of furniture. d. Develop furniture design documents for vendors to produce mockups for owner review and selection. e. Assembling a project manual including specifications for "basis of design" of new furniture and ancillary furniture based on approved selection. f. Delivery and material check of furniture to assure compliance with the contract documents. Coordination, installation observation and quality control (punch list) of the furniture. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 12018-368756 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MWM Architects, Inc. Lubbock, TX United States Date Filed: 06/15/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 06/18/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13951 Architectural Design Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-368756 MWM Architects, Inc. Lubbock, TX United States Date Filed: 06/15/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 13951 Architectural Design Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms Drovided by Texas Ethics Commission www.ethics.state.tx.us Versinn V1 0 55�3