HomeMy WebLinkAboutResolution - 2019-R0126 - PSA With Randall Scott Architects - 04/09/2019 Resolution No. 2019-RO126
Item No. 7.10
April 9, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Professional Service Agreement Contract No.
14190 for Public Safety Improvement Project, Municipal Courts Facility, by and between the
City of Lubbock and Randall Scott Architects, Inc., of Richardson, Texas, and related
documents. Said Contract is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on April 9, 2019
DANIEL M. POPE, MAYOR
ATTEST:
Reb tca Garza, City 9ecr tary
APPROVED AS TO CONTENT:
qMe rwood, Asas City Manager
APPROVED AS TO FORM:
�-
kelli Leisure, Assistant City Attorney
ccdocs/RES.Service Agreement Contract 14190—Public Satefy Improvement Project, Municipal Courts facility
March 25,2019
Resolution No. 2019-RO126
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Professional Service Agreement ("Agreement")Contract No. 14190 is entered into this 91h
day of April ,2019, is by and between the City of Lubbock(the "City"), a Texas home rule
municipal corporation, and Randall Scott 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, Municipal Courts Facility(the"Activities"); and
WHEREAS, the Architect has a professional staff experienced and is qualified to provide
professional services related to Activities, and will provide the services,as defined below,for the price
provided herein,said price stipulated by the City and the Architect to be a fair and reasonable price; and
WHEREAS, the City desires to contract with the Architect to provide professional services
related to the Activities, and Architect desires to provide the Services related to sarne.
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 tern of 21 months.If the Architect determines that additional time is required to complete the Services,
the City's Director of Facilities Management 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.
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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 Six Hundred Nineteen Thousand Three Hundred Eighty Three and no/100
Dollars ($619,383.00),which includes pre-design services,basic services and reimbursable expenses as
set forth in Exhibit"A".
ARTICLE III. TERMINATION
A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty
(30) days written notice to the Architect. In the event this Agreement is so terminated, the City shall only
pay the Architect for services actually performed by the Architect up to the date the Architect is deemed to
have received notice of termination, as provided herein.
B.Termination and Remedies. In the event the Architect breaches any term and/or provision of this
Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at
law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an
action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the
concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative.
ARTICLE IV. NON-ARBITRATION
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising
its unrestricted right to seek judicial remedy.The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, this provision shall control.
ARTICLE V. ACKNOWLEDGEMENTS
A. Existence. The Architect is a corporation duly organized,validly existing,and in good standing
under the laws of the State of Texas and is qualified to cavy on its business in the State of Texas.
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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
of the Architect. This Agreement constitutes legal, valid, and binding obligations of the Architect and is
enforceable in accordance with the terms thereof.
D. Architect. The Architect maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and is familiar with all applicable laws, rules, and
regulations,both state and federal,including,without limitation the applicable laws,regarding the Activities
contemplated hereby.
E. Performance.The Architect will and shall conduct all activities contemplated by this Agreement
in accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional services, and comply with all applicable laws, rules, and regulations,
both state and federal,relating to professional services, as contemplated hereby.
F.Use of Copyrighted Material.The Architect warrants to the best of their information,knowledge
and belief that any materials provided by the Architect for use by City pursuant to this Agreement shall not
contain any proprietary material owned by any other party that is protected under the Copyright Act or any
other law, statute, rile, 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
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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.
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 nnnrmurn limns of
liability:
Conunercial General Liability:
Per Occurrence Single Limit: $1,000,000
General Aggregate Limit: $2,000,000
Professional Liability:
Per Claim and Annual Aggregate: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000 Per Occurrence
Employer's Liability:
Per Occurrence Single Lirnit: $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
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primary and noncontributory additional insured with respect to the Automobile Liability and Commercial
General Liability and shall be granted a waiver of subrogation under those policies. The Architect shall
provide a Certificate of Insurance to the City as evidence of coverage.
The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The
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 frill force and effect, the Architect shall be in breach hereof and all
work under the Agreement shall be discontinued immediately.
Notwithstanding anything contained herein to the contrary,the professional liability policy shall be
maintained at the Architect's sole cost and expense. The retroactive date shall be no later than the
commencement of the performance of this Agreement and the discovery period (possibly through tail
coverage)shall be no less than 10 years after the completion of the Services provided for in this Agreement.
The provisions of this Article VIII shall survive the termination or expiration of this Agreement.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS
The Architect may employ or retain consultants, contractors, or third parties (any of which are
referred to herein as"Sub-consultant"),to perform certain duties of the Architect,as set forth on Attachment
"A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub-
consultants. The Architect is at all times responsible to the City to perform the Services as provided in this
Agreement and the Architect is in no event relieved of any obligation under this Agreement upon retainage
of any approved Sub-consultant. Any agent and/or Sub-consultant retained and/or employed by the
Architect shall be required by the Architect to carry, for the protection and benefit of the City and the
Architect and naming said third parties as additional insureds, insurance as described above required to be
carried by the Architect in this Agreement.
The Architect acknowledges that such services are either under applicable value thresholds or are
otherwise exempt from notice and/or bid requirements under Texas Law.
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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.
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B. Architect's Address. The Architect's address and numbers for the purposes of notice are:
Randall Scott Architects, Inc.
Randall B. Scott—Founding Principal
2140 Lake Park Blvd. Suite 300
Richardson,Texas 75080
Telephone: 972.664.9100
Facsimile:
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.
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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 TI-IIS 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 Exhibit "A" attached hereto, contains the entire
agreement between the City and the Architect, and there are no other written or oral promises, conditions,
warranties,or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture,joint
enterprise, partnership or principal —agent relationship between the Architect and the City.
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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 fiends 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. SB 252. SB 252 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. The Architect warrants that it complies with Chapter 2270, Subtitle P,
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
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EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
DANIEL M. POPE,
MAYOR
ATTEST:
e ecca Garza,
City ecretary
APPROVED AS TO CONTENT:
Wesley D. Eve e ,
Director of Faci ties Management
APPROVED AS TO FORM:
-
hmw�c
K Ili Leisure,
Assistant City Attorney
Firm
RANDALL SCOTT ARCHITECTS,INC.
By: 64g%.ALle��W
R ndal] B. Scott,
Founding Principal
Page 10 of 10
EXHIBIT"A"
1 11 • � � • 1 / 1/ • � •
IG
-=� RANDALL SCOTT
ARCHITECTS
ARCHITECTURE I INTERIORS I PLANNINQ
EXHIBIT'A'TO THE
OWNER ARCHITECT AGREEMENT
Revised March 21,2019
Mr.Wes Everett
Director,Facilities Management
City of Lubbock
P.O.Box 2000 11625 1 Th Street,L08
Lubbock,Texas 79457
RE: PROPOSAL TO PROVIDE ARCHITECTURAL/ENGINEERING SERVICES FOR CITY OF LUBBOCK MUNICIPAL
COURT FACILITY AND ADJACENT URBAN REDEVELOPMENT-LUBBOCK,TX
I. PROJECT SCOPE
This proposal is submitted by Randall Scott Architects,Inc.(hereinafter referred to as RSA or Architect)to the
City of Lubbock(herein after referred to as the City,Owner or Client)to provide Architectural/Engineering
Design Services for the City's Municipal Court Facility and Adjacent Urban Redevelopment in Lubbock,TX.
A. PROJECT CRITERIA
1. OVERVIEW
The following overview of the project requirements was conveyed to RSA by the City in a Request for
Qualifications and a subsequent conference call between Randall Scott,Founding Principal of RSA;
Preston Scott,Principal of RSA;Wes Everett,Director Facilities Management City of Lubbock;George
Lisenbe,Assistant Director Facilities Management City of Lubbock;and Darren Densford,City Architect
City of Lubbock;
a. An existing building located at 1319 Ave.L in downtown Lubbock owned by the City is to be
repurposed into the City's new Municipal Court.
b. The portion of the existing building to be repurposed into the Municipal Court is approximately
12,200 GSF in size.It represents the southern portion of the existing building.
c. Demolish all existing interior improvements including the existing mechanical,electrical,
plumbing,fire protection and communications systems.
d. Run new site utilities to the building directly from the City mains. Bring utilities from the street or
nearest access point.
e. The existing building is one story with two wings.The MC will be located in the south wing.
f. The Scope of Work will include renovation of the existing building exterior and 14"'St./Ave.L
plaza.
g. The Project Scope includes making TAS/ADA improvements.
h. The building previously housed Workforce Solutions consisting primarily of general office space.
i. Interior slab elevation differences exist that will require demolition and replacement of slab area as
well as adjacent renovation work.West side offices along the exterior have a higher slab elevation.
The south wing has a lower slab elevation.
j. Envelope waterproofing needs to be addressed.Existing windows,doors and roofing are to be
removed and replaced.
Exhibit'A'- Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr.Wes Everett—Director, Facilities Management
Revised March 21,2019
Page 3
c. Prepare a Program Validation Questionnaire for distribution to the Project Stakeholders(Facilities
Planning,Municipal Court and interested Council members)requesting information for the
Municipal Court department/space within the facility,and Staff's forecasts for FTE's/FF&E/Space
needs for the next 20 years calculated in 5-year intervals. RSA/Fentress will meet with the
Stakeholders to explain the information needed on the Questionnaires.
d. Research available census and demographics data along with other metrics to forecast population
growth for the City over the next 20 years.
e. Hold Focus Group Meetings(Workshop#1)with the Project Stakeholders to review the
Questionnaire metrics and quantify the spacial,functional,equipment,adjacency,environmental,
security,technology and sustainability requirements for each of the spaces within the new
Municipal Court facilities.
f. Prepare a preliminary Verification Program of Requirements(VPOR)listing each of the
requested spaces and their specific metrics.
g. Prepare Area Summary Spreadsheets delineating the total net square footage,grossing factors and
total gross square footage requirements by area for 5, 10,15 and 20 year horizons.This will serve to
document the expansion needs to accommodate future growth in the City.
h. Prepare test fit drawings for critical areas of the project such as the Court Rooms,Jury Rooms,
Witness Rooms,Standard Office Layouts,Meeting Rooms,etc.
i. Conduct Design Workshop#2 on-site with the Project Stakeholders to develop block floor plans
for each department within the building utilizing the agreed upon metrics verified in the Pre-
Design VPOR program spreadsheets.
j. Prepare a Preliminary Project Schedule for the Project.
k. Prepare a Preliminary Cost Estimate for the Project based on RSA's historical square footage cost
data for similar projects in Texas.
I. Prepare a Preliminary VPOR summary document with the above verified programmatic metrics,
Block Floor Plans,Project Schedule and Preliminary Cost Estimate for review with the Project
Stakeholders.
m. Meet with the Project Stakeholders to review the preliminary VPOR summary document.
n. Make final adjustments to the VPOR.Prepare and issue a final Verified Program of Requirements for
the Project.
o. Assist Staff in presenting the VPOR and metrics to Council if requested.
III. BASIC SERVICES
A. SCHEMATIC DESIGN PHASE
Schematic Design Phase services provided by RSA and our Consultants for this project shall consist of the
following:
1. Perform a detailed code and zoning review for the proposed project and consult with the City on any
changes that impact the design.
2. Prepare a refined floor plan incorporating the block floor plan concepts prepared during Workshop#2.
3. Prepare a site and landscape plan based on the refined floor plan and in coordination with the Citizen's
Tower City Hall sitework context.
4. Prepare preliminary exterior design concept options for the Project.
5. Meet with the Project Stakeholders to review the refined floor plan,site/landscape plan and exterior
design concepts proposed by RSA to receive Staff comments.
6. Provide the CM at Risk with the Design Team's drawings,narratives and other information needed for
preparation of the CMAR's Schematic Design Cost Estimate.
Exhibit'A'- Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr.Wes Everett—Director, Facilities Management
Revised March 21, 2019
Page 4
7. Meet with the Project Stakeholders to review the revised design drawings and CMAR's SD Cost
Estimate to receive Staff's comments.
8. Prepare final Schematic Design site plan,floor plan and renderings of RSA's proposed design and
submit for Stakeholder review.
9. Prepare an updated Project Schedule for the design and construction phases of the project.
10. Coordinate the MEP,structural,civil,IT/AV,security and landscape architecture consultants'Schematic
Design services.
11. Collaborate with the City and CM at Risk in reconciling the project scope,budget and estimated
construction cost.
12. Prepare a PowerPoint presentation of the Final Schematic Design Drawings,Project Schedule and CM
at Risk's SD Cost Estimate and present to Council for approval.
13. Prepare and distribute meeting notes documenting the basic issues,resolutions and action items
agreed to during this phase.
B. DESIGN DEVELOPMENT PHASE
Based on the approved Schematic Design documents and reconciled SD Cost Estimate prepared by the CM
at Risk,the Design Team shall prepare the following Design Development documents:
1. General Notes
2. Architectural site plan illustrating the proposed site and building improvements
3. Architectural floor plan with dimensions
4. Roof Plan
S. Partition types
6. Proposed room finish&door schedules
7. Exterior building elevations
8. Wall sections
9. Preliminary section details
10. Reflected ceiling plans
11. Millwork elevations
12. Interior elevations
13. Preliminary interior finishes plans
14. Preliminary mechanical,electrical and plumbing drawings and details
15. Preliminary structural plans and details
16. Preliminary civil plans and details
17. Preliminary AV,IT,Security and Access Control(low voltage systems)plans and details
18. Preliminary landscape architecture plans and site details
19. Provide drawings and specifications to the CM at Riskfor preparation of its DD Cost Estimate and
collaborate with the Owner and CM at Risk to adjust the Design Development scope of work to
reconcile with the City's budget.
20. Prepare and distribute meeting notes documenting the basic issues,resolutions and action items
agreed to during this phase.
21. Attend meetings with City Staff to review the Design Development documents,CM at Risk's DD cost
estimate and status of the Project Schedule.
C. CONSTRUCTION DOCUMENTS PHASE(GMP PRICING DOCUMENTS)
Based on the approved Design Development documents and reconciled DD Cost Estimate prepared by the
CM at Risk,the Design Team will prepare final drawings,details and specifications required to construct the
Project.
Exhibit'A'- Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr.Wes Everett—Director, Facilities Management
Revised March 21,2019
Page 5
During this phase,the Design Team will issue the GMP(Guaranteed Maximum Price)Pricing Documents at
the 100%completion stage of the Construction Documents. The GMP Pricing Documents will include a
base bid scope of work and add alternates which the Design Team will agree upon with the City and CM at
Risk to assist in managing the project cost. Upon receipt of the CM at Risk's GMP Pricing,the Design Team
will work with the Owner and CM at Risk to make final adjustments to the project scope and construction
documents to reconcile the project scope and GMP pricing with the City's budget. Once the scope and
GMP pricing are reconciled with the budget,the Design Team will issue ASI's to the CM at Risk
documenting the required scope adjustments.
The Construction Documents Phase includes attendance by the Design Team at meetings with the
Owner,CM at Risk and other entities to coordinate the Construction Documents and GMP pricing.
Services during this phase include the preparation and distribution of project meeting notes documenting
the basic issues,resolutions and action items agreed to during this phase.
D. BIDDING&NEGOTIATION PHASE
Once the final Construction Documents/GMP Pricing Documents are approved by the Owner,the Design
Team will provide the following services during the Bidding and Negotiation Phase:
1. Distribute electronic PDF files of the GMP Pricing Documents plans and specifications to the CM at Risk
for bidding to subs. The printing of these documents for bidding and construction shall be at the CM
at Risk's expense.
2. Attend a Pre-Bid Conference at the project site or a location designated by the Owner if requested.
3. Answer Contractor and subcontractor questions during the bidding phase about the construction
documents and intended design.
4. Review substitution requests from the CM at Risk up until 7 days priorto the due date of the GMP
proposal.Issue addenda documenting any approved substitution requests 4 days prior to bid date.
S. Prepare and issue addenda to the CMAR clarifying questions on the drawings and specifications.
6. Prepare and distribute project meeting notes documenting the basic issues,resolutions and action
items agreed to in meetings attended by the Architect during this phase.
E. CONTRACT ADMINISTRATION PHASE
During the Construction Administration Phase,the Design Team will provide the following Services:
1. Conduct a Pre-Construction Meeting to discuss the issues of coordination,points of contact for each
entity and protocol to be followed during the Construction Phase of the project.
2. Visit the site twice monthly to review the construction in an effort to determine in general whether
or not,when the Project is completed,it will be constructed in substantial accordance with the
Contract Documents. While on site,the Architect will attend OAC Meetings with the Owner and
CMAR to review the project status,previous set of construction meeting notes,submittal logs,ASI
logs,RFI logs,sustainability documentation(if applicable),and construction schedule status along
with coordination issues that need resolution by the group.
3. Review substitution requests from the CM at Risk only for materials and products which become
unavailable during the Construction Phase due to circumstances beyond the Construction Manager's
control.
4. Review submittals and shop drawings required by the Contract Documents.
5. Review the CM at Risk's Requests for Information(RFI's)and respond as deemed appropriate by the
Architect.
6. Prepare Architect's'Supplemental Instructions(ASI's)when deemed necessary by the Architect and
issue them to the CM at Risk.
Exhibit'A'-Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr. Wes Everett—Director, Facilities Management
Revised March 21,2019
Page 6
7. Review the CM at Risk's Cost Proposal Requests(CPR's),make recommendations to the Owner and
process change orders.
8. Review CM at Risk's Applications for Payment and transmit to the City for payment with any
recommended adjustments from the Design Team.
9. Prepare a punch list for the Project and perform a final walk-through for verification that punch list
items have been completed.
10. Establish dates of Substantial and Final Completion and prepare certificates for same.
11. Coordinate project close out,receipt of warranty&maintenance binders from the CM at Risk.
IV. ADDITIONAL SERVICES
Additional Services are all services not explicitly listed under Sections II Pre-Design Services&III Basic Services of
this Proposal. Additional Services shall be provided when requested by the City on an hourly or negotiated
fee basis in addition to the fees charged for the services outlined in Sections II and III above.Prior to beginning
Additional Services work,RSA shall request approval from the City in writing if it believes that Additional
Services are warranted or have been requested by the City. Additional Services include,but are not limited to,
the following:
A. Revisions requested by the City to the Architect's Work resulting in changes in the design,scope and/or
quality. Revisions to the Architect's Work or documents due to changes in the information provided to
the Architect by the City.
B. Preparing Design alternatives(other than those listed in Sections II and III above)and redesign services for
the project including,but not limited to,redesign services required due to the City making changes to the
project scope.
C. Meetings with citizen groups(outside of normal Council presentations)to present the project
information. RSA will assist staff in presenting our work to Council during regular Council Meetings as a
Basic Service if requested.
D. Field verification of existing conditions that are not indicated on as-built documents provided to the
Architect by the City.
E. Consulting services required to complete the project which are not specifically listed under the
Professional Fee Sections VLA Pre-Design or VI.B Basic Services.
F. Design of structural foundations such as carton form or pier and beam foundation systems.
G. Design of off-site utilities beyond the bounds of surrounding streets Ave. L,13`h St.and 14"St.
immediately adjacent to the work being designed by RSA under this agreement.
H. Platting or rezoning services.
I. Surveying services(shall be provided to RSA by the Owner).
J. Geotechnical engineering services and reports(shall be provided to RSA by the Owner).
K. Coordination services associated with environmental,archeological and historic building assessments
including,but not limited to:1)historic building evaluations of the property required by governing
agencies,2)archeological evaluations of the property required by governing agencies;3)evaluation of
the presence and potential impact of special conditions or sensitive receptors present on the property
such as wetlands,endangered species and native trees required by governing agencies.
L. Analysis of beneficial use of existing ground water,on-site or nearby contaminant plumes,potential
hazardous waste and air quality issues.
M. Preparation of change orders not the fault of the architect or his consultants.
N. All work associated with the location and modifications to the floodplain relative to the project.
O. Development of artwork packages for the building.
Exhibit 'A'-Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr. Wes Everett—Director, Facilities Management
Revised March 21, 2019
Page 7
V. PRELIMINARY PROJECT SCHEDULE
RSA anticipates it will take approximately 6 months to complete the above Basic Services for Schematic
Design,Design Development and Construction Documents.We anticipate it will take up to 15 additional
months to complete the Bidding and Construction Administration phases.Completion of the design,
bidding and construction phases of the project should take approximately 21 months.To a large extent,
this time frame is dependent on the availability of the City Staff and Council's ability to make timely decisions
on matters of design and cost.A Project Schedule will be developed in conjunction with the City and the CM
at Risk during the Pre-Design and Basic Services Design Phases of the project.
VI. PROFESSIONAL FEES
A. PRE-DESIGN SERVICES
1. The services outlined in Section II Pre-Design Services above shall be provided for the following lump
sum fees:
a. Validation of Program of Requirements for the Municipal Court $32,600
b. Preliminary Cost Estimating Services for Municipal Court $3,500
c. Benchmarking Tours of Peer MC Facilities $3.500
Total Pre-Design Services $39,600
B. BASIC SERVICES
1. The minimum fee for BosicServices inclusive of the Architectural,
Structural and MEP engineering services outlined in Section III
Basic Services of this Proposal shall be provided based on a fee $327,250
percentage of 8.5%times the$3.85M Construction Cost Limitation
(CCL)inclusive of CMAR and Owner construction contingencies.
2. Field Verification of the Existing Building&Conditions $17,275
3. Civil Engineering Services for Municipal Court Portion only Based $26,900
on Discussions between Civil Engineer and City Facilities Staff
4. AV/Acoustical Consultant $23,750
5. Technology Consultant(IT,Security&Access Control Services) $21,350
6. Landscape Architecture and Irrigation Design for Municipal Court
Portion only Based on Discussions between Landscape Architect $18,000
and City Facilities Staff
7. Architectural Services for Exterior Building Renovations—West
and North Elevations along Ave.L&1311 St.north of Municipal $13,500
Court
8. Furniture,Fixtures&Equipment Design&Specification Services $53,575
9. Move Relocation Services $21,500
10. Envelope Consultant Services(Armko) $10,100
11. Newforma Project Management Software License for Project $1,500
12. Registered Accessibility Specialist $3,200
Total Basic Services Fees $537,900
1. Note:The above fees are based on a Municipal Court Facility and associated site work at a
budgeted Construction Cost Limitation(CCL)of approximately$3.85M inclusive of CMAR and
Owner construction contingencies with a Total Project Cost(TPC)of approximately$S.SM.
Should the Construction Cost Limitation(CCL)or Owner's Construction Budget be increased
Exhibit 'A'- Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr. Wes Everett—Director, Facilities Management
Revised March 21,2019
Page 8
during the course of this project to exceed$3.85M,RSA's fees shall at that time be increased at a
fee percentage of 8.95%times the amount exceeding the$3.85M CCL at the time the City
increases the CCL.A final adjustment to RSA's fees will be made at the end of the construction
phase of the Project once the final construction cost is known.
C. OPTIONAL ADDITIONAL SERVICES
1. Optional Additional Services for the project shall be provided for the following lump sum fees when
requested/agreed to by the Client.Refer to attached subconsultant fee proposals(provided for 14"St.
Closure and 14'"St.&Ave.L Plaza Design per meeting between the City of Lubbock Facilities
Management Staff,Hugo Reed Engineers and Prairie Workshop Landscape Architects)for a more
detailed description of this work.These following additional services include RSA's 10%markup for
the coordination of these services.
a. Civil Engineering Services-14`h/Ave.L Plaza&Ave.L Urban Redevelopment $57,805
b. Landscape Architecture Services 14"/Ave.L Plaza&Ave.L Urban Redevelopment $30,800
Total Optional Additional Services $88,605
D. ADDITIONAL SERVICES
1. Additional Services for the project shall be provided at the following hourly rates or negotiated on a
lump sum basis at the time they are required:
Principal $285.00/hr.
Vice President $250.00/hr.
Studio Leader $225.00/hr.
Project Architect $200.00/hr.
Staff Architect $185.00/h r.
Visualization Renderer $185.00/hr.
Interior Designer $185.00/hr.
Administrative $105.00/hr.
Consultants Cost+ 10%
E. REIMBURSABLE EXPENSES
Reimbursable Expenses constitute expenses incurred on the City's behalf by RSA and/or our Consultants.
These expenses include,but are not limited to:reproduction of preliminary and final documents,mounting
and laminating of presentation boards,Agency Review fees,hotel,meals and per diem expenses,mileage,
air fare,rental cars,overnight express,courier services and postage. Reimbursable expenses shall be
limited to a NTE amount of$41,883 including a 10%markup to cover RSA's handling costs and billed to
the Owner in addition to any Basic and Additional Services incurred on the project.RSA reserves the
right to request an increase in the NTE amount should the reimbursable expenses total more than the
above NTE amount.
VII. PROFESSIONAL REGISTRATION
The Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin,Texas 78701-3942,phone:
512.305.9000,has jurisdiction over individuals licensed under the Architects'Registration Law,Article 249A,
VTCS.
VIII. TERMS AND CONDITIONS
A. This Proposal is valid for 30 days from the date at the top of the first page of this document unless included
as an attachment to a fully executed purchase order and a fully executed Owner Architect Agreement prior
to that date.
Exhibit'A'- Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr. Wes Everett— Director, Facilities Management
Revised March 21,2019
Page 9
B. The City shall provide,and the Architect shall be entitled to rely upon the accuracy of.1)a detailed
boundary and topographic survey of the site with grades at 1 foot intervals;spot grades for top and
bottom of curbs at 5'intervals,trees(caliper at 3'above grade,canopy size and species);above and below
ground utilities locations including flow line elevations and capacities;surrounding streets and full width of
ROW locations;2 benchmarks tied to USGS surveys;and the location of all improvements on and adjacent
to the site including the existing Municipal Court facilities,adjacent Citizen's Tower and Baker Buildings,
and adjacent parking areas;and 2)a geotechnical report with shallow and deep borings and
recommendations for the design of the new slab replacement/foundation and paving designs for flatwork
and the street and paving replacement.
C. The Owner acknowledges that all projects such as the one being contemplated are required by law to be
submitted to the Texas Department of Licensing&Regulation for handicap accessibility review. The
Architect will submit plans for the proposed project to TDLR for review. The Owner acknowledges that the
construction documents are not complete until TDLR has approved them and any comments they require
are incorporated even though construction may have begun and even be completed before comments are
received. The Architect and his Consultants shall not be held financially responsible for changes to the
project required by TDLR.
D. The Owner acknowledges that RSA has no responsibility for construction means and methods and that
these are the sole responsibility of the Contractor/CM at Risk.
E. The Owner acknowledges that RSA has no responsibility for construction site safety and safety procedures
and that these are the sole responsibility of the Contractor/CM at Risk.
F. The Owner acknowledges that RSA has no responsibility for the discovery of nor remediation of hazardous
materials including,but not limited to,asbestos,PCP's,lead,etc.and that these are the responsibility of the
Owner.
G. RISK ALLOCATION:IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO
BOTH THE OWNER AND THE ARCHITECT,THE OWNER AND THE ARCHITECT AGREE THAT THE LIMIT
OF PROFESSIONAL LIABILITY OF THE ARCHITECT AND HIS CONSULTANTS ON THIS PROJECT AND
ANY AMENDMENTS TO THE WORK,SHALL BE LIMITED TO ONE MILLION DOLLARS($1,000,000)ON A
CLAIMS MADE BASIS AND ONE MILLION DOLLARS($1,000,000)IN THE AGGREGATE FOR ALL CLAIMS
MADE AGAINSTTHE ARCHITECT AND HIS CONSULTANTS.
H. Cost estimating services for this project shall be provided solely by the Owner's Construction Manager at
Risk(CMAR).The Architect and Owner shall be entitled to rely on the estimating information provided by
the CMAR and to make scope adjustments accordingly.The Architect and his subconsultants shall
collaborate with the CMAR and the Owner in refining the project scope to generally align with the Owner's
CCL(Construction Cost Limitation)/Construction Budget throughout the SD,DD and CD phases of the
Work.Should the CMAR's Guaranteed Maximum Price(GMP)proposal based on the 1000/0 Construction
Documents come in higher than the Owner's CCL/Construction Budget by more than$150,000,the
Architect and his subconsultants shall be compensated to make the drawing and specification adjustments
necessary to bring the GMP cost down to within the Owner's CCL/Construction Budget at a fee to be
negotiated at the time of service.
I. The Owner and the Architect acknowledge that the Architect's standard of care is one of reasonable
professional diligence and care of similarly situated architects performing the same or similar professional
design services and that certain increased costs and changes may be required because of possible
ambiguities and inconsistencies in the drawings and specifications prepared by the Architect or its
consultants.In recognition of the foregoing,the Owner shall set aside in the Project Budget,a Construction
Contingency equal to 3.5%of the CMAR's Guaranteed Maximum Price as a contingency to be used as
required,to pay for the increased or additional costs related to any ambiguities or inconsistencies in the
drawings and specifications that may be committed despite the exercise of reasonable professional
diligence and care,(hereafter referred to as the"Design Contingency").The"Design Contingency"shall be
in addition to any separate Owner and Construction Contingencies required for the Project and shall not be
used to fund costs that are typically funded by such other contingencies(such as Owner requested
Exhibit 'A'-Proposal to Provide Architectural/Engineering
Services for the City of Lubbock Municipal Court
Mr. Wes Everett—Director, Facilities Management
Revised March 21,2019
Page 10
changes to the Work,changed site conditions,unforeseen conditions,omissions,Contractor or
subcontractor default,or acceleration costs).The Owner shall make no claim againstthe Architect or its
consultants for any costs,expenses or damages to the extent that such costs,expenses or damages are
equal to or less than 3.5%of the CMAR's Guaranteed Maximum Price for the Work.
J. It is well recognized that an Architect is not liable to an Owner for costs incurred to provide and install an
omitted item(an omission). In no event,shall the Architect or the Architect's consultants be responsible for
any cost or expense that is related to:an omission,provides betterment,or constitutes an upgrade or
enhancement to the Project,as these costs or expenses would have been part of the Project construction
costs if they had been included in the design and construction documents in the first place.These are part
of the Owner's cost of the Project and shall be covered by the Owner's separate project contingencies(not
the"Design Contingency").
K. Articles VIILI and VIII.J of this Proposal,are not intended to cover and shall not include the costs and
damages associated with material design errors,the correction of which causes or results in damages to
other work not associated with the design error for which the Architect's professional liability or general
liability insurance may be liable.
L. The Architect's certification of the CMAR's Applications for Payment constitute a representation to the
Owner,based on the Architect's evaluation of the Work and data comprising the CMAR's Application for
Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to
the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the
CMAR is entitled to payment in the amount certified subject to,1)an evaluation of the Work for
conformance with the Contract Documents upon Substantial Completion,2)results of subsequent tests
and inspections,3)correction of minor deviations from the Contract Documents prior to completion and 4)
specific qualifications expressed by the Architect.The issuance of a Certificate for Payment shall not be a
representation that the Architect has, 1) made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work,2)reviewed construction means,methods,techniques,sequences or
procedures,3)reviewed copies of requisitions received from subcontractors and suppliers and other data
requested to substantiate the CMAR's right to payment,or 4)ascertained how or for what purpose the
CMAR has used money previously paid on account of the Contract Sum.
IX. EXCLUSIONS
The following items are specifically excluded from the Design Team's scope of work and this proposal:
A. Geotechnical engineering services.
B. Environmental,archaeological and historical assessment services required for the project.
C. Cost estimating services(shall be provided by the CM at Risk).
D. Site surveying(topographic and boundary with utilities information)
E. Off-site paving,utilities and storm drainage system design services other than those specifically listed in
this proposal.
Randall Scott Architects appreciates the opportunity to submit the above Proposal and looks forward to
working with the City of Lubbock on this important Project!
Thank you,
RANDALL SCOTT ARCHITECTS,INC.
Randall B.Scott,AIA
Founding Principal