HomeMy WebLinkAboutResolution - 2014-R0118 - Contract - Wiginton Hooker Jeffry Architects - Engineering, New Fire Station - 03_27_2014Resolution No. 2014-RO118
March 27, 2014
Item No. 5.28
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, Contract No. 11797 for Architectural, Engineering and
Landscape Architectural Services for a new Multi -Company Fire Station located at the Southwest
corner of Texas Avenue and 19`h Street, by and between the City of Lubbock and Wiginton
Hooker Jeffry Architects, of Plano, 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
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ATTEST:
Re cca ry Garza, City Secret
APPROVED AS TO CONTENT:
March 27, 2014
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Wesley D. Everett, Director of Facilities
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Mike Kemp, Fire Chief
APPROV D AS TO FORM:
Chad Weaver, Assistant City Attorney
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February 27, 2014
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Resolution No. 2014-R0118
Contract #11797
AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND WIGINTON HOOKER JEFFRY ARCHITECTS
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into this 13th day of March, 2014, by and between the City of
Lubbock ("City") and Wiginton Hooker Jeffry Architects ("WHJA"), 500 North Central
Expressway, Suite 300, Plano, Texas 75074.
WHEREAS, The City is in need of Architectural, Engineering and Landscape
Architectural Services for Professional Services relating to construction of a new Multi -
Company Fire Station ("FS#1") located at Southwest corner of Texas Avenue and 19`h
Street, Lubbock, Texas 79423.
WHEREAS, WHJA has the materials, experience and skill required to provide the
Services described above; and
above;
WHEREAS, City desires to contract with WHJA to provide Services mentioned
NOW THEREFORE, it is agreed between the parties that:
I. SCOPE OF WORK.
A. WHJA Responsibilities. WHJA agrees to provide all Architectural,
Engineering and Landscape Architectural Services relating to the
construction of FS#1. All services shall be provided as described in Exhibit
A which is attached hereto and incorporated herein as if fully set forth.
B. City Responsibilities. City agrees to pay WHJA an amount in accordance
with the terms listed in Exhibit A for the cost of performing the above
described consulting services. Reimbursable expenses shall be paid in
accordance with the terms listed in Exhibit A.
II. TIME OF PERFORMANCE
A. WHJA will begin work promptly after this agreement is signed by the
Mayor and complete the Phase 1 - Pre -design portion of the project within
60 days of receipt of Notice to Proceed, unless otherwise agreed between
the parties.
III. GENERAL CONDITIONS
A. General Compliance
Fire Station #1 Professional Services Page 1
WHJA agrees to comply with all applicable federal, state, and local laws
pertaining to Architectural, Engineering and Landscaping services.
B. Insurance
WHJA will provide and maintain in force for the full term of this contract,
the insurance described in Exhibit A, Item 2.5, which is attached hereto and
incorporated as if fully set forth herein. The auto/general liability
insurance certificates must name the City of Lubbock as blanket
primary and non-contributory, additional insured, and have a waiver
of subrogation in favor of the City of Lubbock on all coverage's. Such
certificates shall be furnished upon execution of this agreement within
30 days.
C. Hold Harmless
WHJA hereby assumes full responsibility for the risk of bodily injury, death
or property damages resulting from the services performed pursuant to this
Agreement and releases for itself, its employees and agents, the City of
Lubbock, its officers, agents, employees or representatives from any and all
injury, loss, liability, damage or costs relating to any claim arising from its'
performance of this Agreement but only to the extent occasioned by any
error, omission or negligent act of WHJA, its officials, officers, agents,
employees, invitees or other persons for whom WHJA is legally liable with
regard to the performance of this Agreement.
WHJA shall hold harmless, defend and indemnify the City from any and all
claims, actions, suits, charges and judgments whatsoever that arise out of
the services performed pursuant to this Agreement but only to the extent
occasioned by any error, omission or negligent act of WHJA, its officials,
officers, agents, employees, invitees or other persons for whom WHJA is
legally liable with regard to the performance of this Agreement.
D. 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 document, this provision shall
control.
Fire Station # I Professional Services Page 2
E. Non -Appropriation
All funds for payment by the City under this contract 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 goods or services provided under the contract, the City will
terminate the contract, 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 goods or services covered by this contract is
spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be
accepted by the Seller 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 contract beyond the date of termination.
F. Governing Law
This Agreement shall for all purposes be construed and enforced under and
in accordance with the laws of the State of Texas.
G. Amendments
City or WHJA may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement and are executed in
writing and signcd by both parties. This Agreement calls for performance
in Lubbock County, Texas and jurisdiction and venue for any and all
disputes arising out of or related to this Agreement shall lie exclusively in
Lubbock County, Texas."
H. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter.
IN WITNESS HEREOF, the parties have executed this Agreement as of this 13th
day of March, 2014.
CITY OF LUBBOCK
Wiginton Hooker Jeffry, Architects
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Sr. Vice si
Fire Station #1 Professional Services Page 3
ATTEST:
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Rebecc Garza, City Secretary
APPROVED AS TO CONTENT:
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Mike Kemp, Fire Chie
APPRQVP AST FORM:
Chad Weaver, Assistant City Attorney
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Wesley D. Everett, Director of Facilities
Fire Station #1 Professional Services Page 4
EXHIBIT A
(WHJA's Proposal)
Fire Station A I Professional Services Page 5
SCOPE OF SERVICES
EXHIBIT A
City of Lubbock — Fire Station 1
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Article 1:
A new Multi -Company Fire Station (of approximately 12,500 — 14,000 s.f.) to be located at the Southwest corner
of Texas and 191h Street, Lubbock, Texas 79423. The Owner requests the following spaces be contained in the
fire station facility: Lobby, Public Restroom (Unisex), Toilets/showers (male/female), Exercise Room, Kitchen,
Dining, Dayroom, Laundry, Equipment Room, Mechanical, Electrical, Storage, Safe Room, Office Space, Dorms
(8-fire fighters, 2-officers, 2 battalion chiefs), Four Apparatus Bays, and a confined spaces training tower.
The design process shall be divided into two (2) phases:
Phase 1 — PRE -DESIGN: Programming and Schematic Design for FS #1:
a) Work with the city staff to develop and determine the appropriate space program for the building
along with appropriate site parking and green space. The fire station space program elements to
be based upon similar spaces utilized in fire station 19 with the addition of the battalion chiefs
spaces, or other similar station previously designed by WHJA. The arrangement of spaces and
exterior aesthetic are to be planned appropriate for the downtown site.
b) Provide a schematic design (reference article 3.2) for the building and the associated parking and
green space.
c) Provide a cost estimate for the building and site development
d) Submit staff approved design, estimate, and project budget for council review and approval to
proceed.
Phase 2 - DESIGN and CONSTRUCTION:
a) Upon staff and city council approval of the project scope and estimated Cost of the Work,
proceed with the Design Development, Construction Documents, and Construction Administration
phases as approved by council.
§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
§ 2.2 The Architect and Architect's Consultants shall perform its services consistent with the professional skill and
care ordinarily provided by architects and other consultants practicing in the same or similar locality under the
same or similar circumstances. Neither the law nor the ordinary and reasonable standard of care places the
burden of perfect performance of professional services on the Architect or Architect's Consultants. The Owner
acknowledges that this design effort is a unique one-time creative endeavor that does not have the benefit of
testing, that some level of imperfection must be expected, that the construction documents may contain errors
and omissions, and that the missing and corrective information shall be developed during the construction
process. When an error or omission is discovered, the Architect or Architect's Consultants shall provide all
necessary design services and documentation for corrective action at no cost to the Owner. The Architect and
Consultants shall perform services as expeditiously as is consistent with such professional skill and care and the
orderly progress of the Project.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept
any employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
§ 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall
reimburse the Architect for any additional cost:
Revised 02-26-2014 Page 1 of 16
SCOPE OF SERVICES
.1 General Liability: $1,000,000 each occurrence
.2 Automobile Liability: $1,000,000 single limit
.3 Workers' Compensation: $500,000 each accident
.4 Professional Liability: $1,000,000
EXHIBIT A
City of Lubbock — Fire Station 1
The claims made for Professional Liability insurance coverage is the total aggregate limit for all
claims presented with the annual policy period and is subject to a deductible.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional
Services.
§ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design
criteria, attend Project meetings, communicate with members of the Project team and report progress to the
Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's
approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated
dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial
Information. The schedule shall include allowances for periods of time required for the Owner's review, for the
performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over
the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable
cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the
schedule, if necessary as the Project proceeds until the commencement of construction.
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
§ 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project, the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project. Cost of said filings shall
be paid by the Owner.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall consult with City to define and clarify City's requirements for the work and available
data. Define the scope of the project in the form of a space program summary, design drawings, sketches
considering space, function, adjacencies, applicable codes, and exterior aesthetic. Also, review other information
furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the program, schedule, budget for the Cost of the
Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms
of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
Revised 02-26-2014 Page 2 of 16
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project, The Architect shall reach an understanding with
the Owner regarding the requirements of the Project.
§ 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present
for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of perspective sketches or digital modeling. Preliminary selections of major building
systems and construction materials shall be noted on the drawings or described in writing.
§ 3.2.5.1 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics in developing a design for the Project that is
consistent with the Owner's program, schedule and budget for the Cost of the Work.
§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with
Section 6.3.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval. The Architect will provide to the Owner one set of printed documents and an electronic (PDF) set of
documents.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate
and describe the development of the approved Schematic Design Documents and shall consist of drawings and
other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of
building systems to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, and such other elements as may be appropriate. The Design Development
Documents shall also include outline specifications that identify major materials and systems and establish in
general their quality levels.
§ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
§ 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, and request the Owner's approval. The Architect will provide
to the Owner one set of printed documents and an electronic (PDF) set of documents.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization
of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall
prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and
describe the further development of the approved Design Development Documents and shall consist of Drawings
and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work. These Documents may contain inconsistencies and omissions inherent to the Design
and Construction Process. The Owner and Architect acknowledge that in order to construct the Work the
Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar
submittals, which the Architect shall review in accordance with Section 3.6.4.
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
Revised 02-26-2014 Page 3 of 16
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) bidding and procurement information that describes the time, place and
conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and
Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other
Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for
Construction and Specifications and may include bidding requirements and sample forms.
§ 3.4.4 The Architect shall submit the Construction Documents to the Owner and request the Owner's approval.
The Architect will provide to the Owner one set of printed documents and an electronic (PDF) set of documents.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.1 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive
bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful
bid or proposal, if any; and, (4) awarding and preparing contracts for construction.
§ 3.5.2 COMPETITIVE BIDDING
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by
.1 arranging for a local reproduction company to reproduce, distribute and maintain a log of distribution
of the Bidding Documents distributed to prospective bidders. Cost of reproduction to be paid for by
prospective bidders;
.2 organizing and conducting a pre -bid conference for prospective bidders;
.3 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda (which
shall be issued via electronic PDF); and
.4 organizing and conducting the opening of the bids, and subsequently documenting and distributing
the bidding results, as directed by the Owner.
§ 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions,
and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
§ 3.6 CONSTRUCTION PHASE SERVICES
§ 3.6.1 GENERAL
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AIA Document A201 TM-2007, General Conditions of the Contract for Construction. If the Owner
and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect amend this Agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of
the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but
shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of
any other persons or entities performing portions of the Work. The Architect and his Engineers shall not be
required to furnish or pay for Construction Materials and Labor not contained within the Construction Documents
whether these items were an omission or added during Construction.
§ 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
for Payment or twelve (12) months after the start of Construction, whichever occurs first.
Revised 02-26-2014 Page 4 of 16
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality
of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents
and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies
observed in the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require
inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not
such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of
the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or
other persons or entities performing portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of,
the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably
inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such
interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and
Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions
rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent
with the intent expressed in the Contract Documents.
§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as
that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between
the Owner and Contractor as provided in the Contract Documents.
§ 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by
the Architect.
§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received
from Subcontractors and material suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
Revised 02-26-2014 Page 5 of 16
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or
withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved
submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while
allowing sufficient time in the Architect's professional judgment to permit adequate review.
§ 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or
take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking for conformance with information given and the design
concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining
the accuracy and completeness of other information such as dimensions, quantities, and installation or
performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any
construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item
shall not indicate approval of an assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall
be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals.
§ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for
information about the Contract Documents. The Architect shall set forth in the Contract Documents the
requirements for requests for information. Requests for information shall include, at a minimum, a detailed written
statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the
clarification requested. The Architect's response to such requests shall be made in writing within any time limits
agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue
supplemental Drawings and Specifications in response to requests for information.
§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.4.6 All submissions and responses shall be via electronic correspondence.
§ 3.6.5 CHANGES IN THE WORK
§ 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the
Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.
Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change
Directives for the Owner's approval and execution in accordance with the Contract Documents.
§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 PROJECT COMPLETION
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to
the Owner, for the Owner's review and records, written warranties and related documents required by the
Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a
final inspection indicating the Work complies with the requirements of the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with
the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by
the Contractor of Work to be completed or corrected.
Revised 02-26-2014 Page 6 of 16
SCOPE OF SERVICES
EXHIBIT A
City of Lubbock — Fire Station 1
§ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the
Contract Sum, if any, for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment;
(2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any
other documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial
Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the
facility operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
Additional Services
Responsibility
(Architect, Owner
or Not Provided
Location of Service
Description
§ 4.1.1 Programming
Architect
See 4.2 below
§ 4.1.2 Multiple preliminary designs
Not Provided
§ 4.1.3 Measured drawings
Not Provided
§ 4.1.4 Existing facilities surveys
Not Provided
§ 4.1.5 Site Evaluation and Planning
Not Provided
§ 4.1.6 Building information modeling
Architect
See 4.2 below.
§ 4.1.7 Civil engineering
Architect
See 4.2 below.
§ 4.1.8 Landscape design
Architect
See 4.2 below.
§ 4.1.9 Architectural Interior Design
Architect
§ 4.1.10 Value Analysis
Not Provided
§ 4.1.11 Detailed cost estimating
Architect
See 4.2 below.
§ 4.1.12 On -site project representation
Not Provided
4.1.13 Conformed construction documents
Not Provided
§ 4.1.14 As -Designed Record drawings
Not Provided
§ 4.1.15 As -Constructed Record drawings
Not Provided
§ 4.1.16 Post occupancy evaluation
Not Provided
4.1.17 Facility Support Services
Not Provided
4.1.18 Tenant -related services
Not Provided
4.1.19 Coordination of Owner's consultants
Not Provided
4.1.20 Telecommunications/data design
Not Provided
§ 4.1.21 Security Evaluation and Planning
Not Provided
§ 4.1.22 Commissioning
Not Provided
§ 4.1.23 Extensive environmentally responsible design
Not Provided
§ 4.1.24 LEED Certification
Not Provided
4.1.25 Fast -track design services
Not Provided
§ 4.1.26 Historic Preservation
Not Provided
4.1.27 Furniture, Furnishings, and Equipment Design
Not Provided
4.1.28 Topographic Survey Services
Architect
See 4.2 below.
4.1.29 Platting Services
Not Provided
§ 4.1.30 Geotechnical Investigation
Architect
See 4.2 below.
Revised 02-26-2014 Page 7 of 16
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EXHIBIT A
City of Lubbock — Fire Station 1
§ 4.2 Description of each Additional Service designated in Section 4.1 as the Architect's responsibility:
Item 4.1.1 - Programming: The use of existing city facility operations to determine an appropriate
summary of spaces (function and sizes) needed to provide the building functions desired by the City for the
scope of the project. The space program summary will be developed with and approved by the City Staff
(Facilities and Fire Department). Upon City Staff approval of the program, the Architect will use the
program to establish the basis for the schematic design.
Item 4.1.6 — Building Information Modeling: The Architect may, at their sole discretion, utilize BIM while
fulfilling their scope of services. No extra fee will be charged for this use of BIM.
Item 4.1.7 — Civil Engineering Services: Services shall include on -site design for Site Grading, Site
Drainage, Water and Wastewater, Paving & Dimensional Control and Erosion Control Plan. TxDOT Drive
Permits are not included in this scope. Design of improvements or extensions of the public water and
sewer system, or improvements or extensions to City streets are not included.
Item 4.1.8 — Landscape Design: Services shall include Landscaping and Irrigation Design. Tree
Mitigation/Preservation Plan is not included in this scope.
Item 4.1.11 — Detailed Cost Estimating: A total of two (2) Cost Estimates shall be prepared at the
following design milestones: one at the completion of Schematic Design (phase 1) and one estimate based
upon completion of Design Development.
Item 4.1.28 — Topographic Survey Services: Services shall include contour information, existing
drainage facilities, ditches, the location of all visible above -ground utilities, and property corners as
reference points.
Item 4.1.30 — Geotechnical Investigation: Services shall include subsurface investigation of proposed
site with a quantity of borings and depths required to establish the bearing capacity of the site. The written
Geotechnical Report will include determination of Potential Vertical Movement, recommendations for soil
modification, foundation options and design recommendations, the boring logs and test data. An electronic
copy of the report will be provided to the Client.
These services do not include clearing to obtain access to testing site, replacement of soil within test boring
hole to its original compaction (settlement of the hole may occur), or repair of pavement or grading of sites
after completion of testing due to drilling rig causing damage to property due to the weight of the machine.
§ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with
this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate
adjustment in the Architect's schedule.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the
Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect
shall not proceed to provide the following services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, in-depth material research, energy modeling, or
LEED® certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other
failure of performance on the part of the Owner or the Owner's consultants or contractors;
Revised 02-26-2014 Page 8 of 16
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EXHIBIT A
City of Lubbock — Fire Station 1
.5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Not used
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except
where the Architect is party thereto;
.9 Evaluation of the qualifications of bidders or persons providing proposals;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
or
11 Assistance to the Initial Decision Maker, if other than the Architect.
§ 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If
the Owner subsequently determines that all or parts of those services are not required, the Owner shall give
prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect
for those services:
.1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner -provided information,
Contractor -prepared coordination drawings, or prior Project correspondence or documentation;
.3 Preparing Change Orders and Construction Change Directives that require evaluation of
Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service;
.4 Evaluating an extensive number of Claims as the Initial Decision Maker. "Extensive Number" shall
be defined as more than 2 claims;
.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting there from.
§ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the
Contractor
.2 Twenty-four ( 24 ) visits to the site by the Architect over the duration of the Project during
construction
.3 Two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 One ( 1 ) inspections for any portion of the Work to determine final completion
§ 4.3.4 If the services covered by this Agreement have not been completed within Twenty-four ( 24 ) months of
the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time
shall be compensated as Additional Services. In addition, Services provided by the Architect under Article 3.6
"Construction Phase Services" are based upon a twelve (12) month Construction Phase and include the number
of visits indicated in 4.3.3 above. Should the Architect be required to provide services beyond this timeframe or
quantity of trips, the Architect shall be compensated in accordance with Article 11.3 for these Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect
to evaluate, give notice of or enforce lien rights.
§ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the
budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable
Revised 02-26-2014 Page 9 of 16
EXHIBIT A
SCOPE OF SERVICES City of Lubbock - Fire Station 1
contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget
for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree
to a corresponding change in the Project's scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the
Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to
avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 Unless provided by the Architect under Section 4.1, the Owner shall furnish surveys to describe physical
characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the
site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements
and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions
and necessary data with respect to existing buildings, other improvements and trees; and information concerning
available utility services and lines, both public and private, above and below grade, including inverts and depths.
All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 Unless provided by the Architect under Section 4.1, the Owner shall furnish services of geotechnical
engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values,
percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity
tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate
recommendations.
§ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the
Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts
between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than
those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the
Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.
The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services
provided.
§ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
§ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may
be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services.
§ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
§ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and
shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.13 The Owner shall provide Texas Accessibility Standard review and inspection services for the project
Revised 02-26-2014 Page 10 of 16
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect prior to or after bidding and shall include
contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the
compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the
Work or other costs that are the responsibility of the Owner.
§ 6.2 The Owner's budget for the Cost of the Work may be adjusted throughout the Project as required under
Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of
the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the
Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner
has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or
competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or
represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any
estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
§ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for
design, bidding and price escalation; to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to make reasonable adjustments in the program and
scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the
Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the
Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional
Service under Article 4.
§ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of
the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality
or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or
.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, with additional compensation, shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at
the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1.
The Architect shall be entitled to compensation in accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information,
the transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
Revised 02-26-2014 Page 11 of 16
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the reserved rights of the Architect and the Architect's consultants.
§ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its 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. The license granted under this section permits
the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers,
as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments
of Service solely and exclusively for use in performing services or construction for the Project. If the Architect
rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3
shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action
arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless
the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and
causes of action asserted by any third person or entity to the extent such costs and expenses arise from the
Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply
if the Owner rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7, 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. 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.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
§ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of
Item III.D of the "AGREEMENT BETWEEN THE CITY OF LUBBOCK AND WIGINTON HOOKER JEFFRY
ARCHITECTS", to which this is an attachment, within the period specified by applicable law, but in any case not
more than 10 years after the date of Substantial Completion of the Work.
§ 8.1.2 DELETED
§ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question
arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party's termination of this Agreement.
§ 8.2 DELETED
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for
suspension of performance of services under this Agreement. If the Architect elects to suspend services, the
Architect shall give seven days' written notice to the Owner before suspending services. In the event of a
suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner
because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior
to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice
of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in
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EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the
time schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other
party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for
the Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due.
§ 9.7 DELETED
§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 DELETED
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General
Conditions of the Contract for Construction.
§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall
be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner
requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect
shall execute all such consents that are consistent with this Agreement, provided the proposed consent is
submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to
execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of
this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in
any form at the Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect's materials shall not
include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in
writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall
provide professional credit for the Architect in the Owner's promotional materials for the Project.
§ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those who need to know the content of such information in
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EXHIBIT A
SCOPE OF SERVICES City of Lubbock — Fire Station 1
order to perform services or construction solely and exclusively for the Project, or (3) its consultants and
contractors whose contracts include similar restrictions on the use of confidential information. This agreement is
subject to the Texas Public Information Act.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
indicated below:
Phase 1 - PRE -DESIGN: The fee shall be Forty-nine thousand five hundred dollars ($49,500)
Phase 2 — DESIGN and CONSTRUCTION: The fee shall be One hundred eighty-nine thousand dollars
($189,000).
§ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
Item 4.1.7
Civil Engineering/Design
$
36,000
Item 4.1.8
Landscape Architecture
$
3,000
Item 4.1.11
Detailed Cost Estimating
$
6,500
Item 4.1.28
Topographic Survey
$
3,000
Item 4.1.30
Geotechnical Investigation
$
5,000
Total Additional Services
$
53,500
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3,
the Owner shall compensate the Architect on a mutually agreeable stipulated sum; or failing this, on an hourly
basis at the Architect's normal billing rates for each staff member performing the services.
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11.3, shall be the amount invoiced to the Architect plus thirty percent ( 30% ).
§ 11.5 Where compensation for Basic Services is based on a stipulated sum, the compensation for each phase of
services shall be as follows:
Phase 1 (Pre -Design):
Schematic Design Phase stipulated sum
Phase 2 (Design and Construction):
Design Development Phase
Thirty eight
percent (
38
%) Phase 2
Construction Documents Phase
Thirty seven
percent (
37
%) Phase 2
Bidding or Negotiation Phase
Five
percent (
5
%) Phase 2
Construction Phase
Twenty
percent (
20
%) Phase 2
Total Basic Compensation
One hundred
percent (
100
%)
§ 11.6 The Architect shall be entitled to compensation in accordance with this Agreement for all services
performed whether or not the Construction Phase is commenced.
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City of Lubbock — Fire Station 1
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review
practices.
Employee or Category
Rate
Sr. Principal
$250
Principal
$200
Sr. Project Manager
$150
Project Manager
$125
Sr. Project Designer
$150
Project Designer
$125
Sr. Const. Administrator
$135
Construction Administrator
$75
Project Architect/Coordinator
$110
Intern/CADD Operator 3
$90
Intern/CADD Operator 2
$80
Intern/CADD Operator 1
$70
Specification Writer
$100
Clerical
$65
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
.1 Fees paid for securing approval of authorities having jurisdiction over the Project;
.2 Printing, reproductions, plots, beyond those specifically listed in Article 3;
.3 Renderings, models, mock-ups, professional photography, and presentation materials requested by
the Owner; and
.4 Other similar Project -related expenditures not specifically included.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus Ten percent ( 10.00% ) of the expenses incurred. Reimbursable Expenses shall not
exceed eight thousand dollars ($8,000.00) without prior approval from the Owner.
Cost associated with the printing of bid documents and specifications and delivery of same will be paid directly by
the prospective bidders.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued
use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project
as follows:
On a mutually agreeable stipulated sum.
§ 11.10 PAYMENTS TO THE ARCHITECT
§ 11.10.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services
performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty (
30 ) days after the invoice date shall bear interest at the rate of 12% per annum, or at the legal rate prevailing
from time to time at the principal place of business of the Architect.
§ 11.10.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes
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EXHIBIT A
City of Lubbock - Fire Station 1
in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceeding.
§ 11.10.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services
performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
None at this time
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