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HomeMy WebLinkAboutResolution - 2022-R0449 - Contract 16927 with Parkhill for PD Headquarters 11.1.22Resolution No. 2022-RO449 Item No. 5.5 November 1, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 16927 public safety improvements project - police department headquarters, by and between the City Lubbock and Parkhill, a Texas Corporation, and related documents. Said Contract is attach hereto and incorporated in this resolution as if fully set forth herein and shall be included in 1 minutes of the City Council. Passed by the City Council on November 1, 2022 �3'vo�— TRA%r--KYPi1ff, MAYOR ATTEST: Rebe ca Garza, City Secre APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager WMIJ Q WWI -fflyyC07110]Nu� elli Leisure, Assistant City Attorney ccdocs/RES.PSA-No. 16927 - Parkhill 10.19.22 Resolution No. 2022-RO449 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16927 is entered into this 1st day of November , 2022, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Parkhill, (the"Architect"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Architect to provide professional services for Public Safety Improvements Project, Police Department Headquarters, (the "Activities"); and WHEREAS, the Architect has a professional staff experienced and is qualified to provide professional Architectural services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Architect to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Architect to provide professional services related to the Activities, and Architect desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Architect hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of two hundred seventy five (275) consecutive days or the completion of the Activities, whichever shall occur last. ARTICLE II. SERVICES AND COMPENSATION A. The Architect shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). Page I of 11 B. The Architect shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed five hundred ninety-five thousand one hundred seven and 961100 dollars ($595,107.96), 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 carry on its business in the State of Texas. B. Corporate Power. The Architect has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2 of 11 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 that any materials provided by the Architect for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Architect shall be solely responsible for ensuring that any materials provided by the Architect pursuant to this Agreement satisfy this requirement and the Architect agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Architect's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Architect shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Architect and the City agree that the Architect shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Architect has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Architect and the Architect's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 11 ARTICLE VIII. INSURANCE The Architect shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Architect shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Architect to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Per Claim and Annual Aggregate: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Architect shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Architect herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Architect shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 11 The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Architect shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Architect maintains said coverage. The Architect may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Architect fails to maintain the required insurance in full force and effect, the Architect shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Architect may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Architect, as set forth on Exhibit insert correct value], attached hereto, under this Agreement, provided that the City approves the retaining of Sub - consultants. The Architect is at all times responsible to the City to perform the Services as provided in this Agreement and the Architect is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Architect shall be required by the Architect to carry, for the protection and benefit of the City and the Architect and naming said third parties as additional insureds, insurance as described above required to be carried by the Architect in this Agreement. The Architect acknowledges that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 11 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, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ARCHITECT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Architect shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Architect to the City or the City to the Architect is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 11 B. Architect's Address. The Architect's address and numbers for the purposes of notice are: Mike W. Moss - Principal -In -Charge Parkhill 4222 85th Street Lubbock, Texas 79423 Telephone: 806.473.2200 Email: mmoss@Parkhill.com C. City's Address. The City's address and numbers for the purposes of notice are: Darren Densford -- City Architect City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806.775.2275 Email: densford@mylubbock.us D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Architect non -confidential studies, reports and other available data in the possession of the City pertinent to the Architect's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Architect's Services under this Agreement (the "Provided Data"). The Architect shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Architect shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Architect's books and records with respect to this Agreement between the Architect and the City. Page 7 of 11 C. Records. The Architect shall maintain records that are necessary to substantiate the services provided by the Architect. D. Assignability. The Architect may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Architect, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Architect, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Architect and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the Architect, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal - agent relationship between the Architect and the City. Page 8 of 11 K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Architect as part of the Services hereunder, shall become the property of the City when the Architect has been compensated as set forth in Article II, above. The Architect shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Architect of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Architect. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Architect on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Page 9 of 11 Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. T. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent Architects or Engineers practicing under the same or similar circumstances and professional license. Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Reb ca Garza., City Secretary APPROVED AS TO CONTENT: DATen J. Densfo City Architect VIED AS TO FORM: elh Leisure, Assistant City Attorney Firm P IL By: Mike Moss, Principal -In -Charge Email: mmoss@Parkhill.com Page 11 of 11 EXHIBIT "A" Parkhill October 17, 2022 City of Lubbock Wes Everett -Director Facilities Management PO Box 2000 1625 13th Street Lubbock, Texas 79457 806.775.2275 Re: Proposal/Scope for Professional Services - Police Headquarters Facility Dear Mr. Everett: Parkhill, Smith & Cooper, Inc. (A/E) is pleased to have the opportunity to provide Architectural, Interior Design & Engineering services to The City of Lubbock (Owner) for a new Police Headquarters Facility. (Project). This proposal is for the continuation of professional design services required to complete the City of Lubbock Police Headquarters. The previous contract number is 19-14153. The current contract has expired so it is necessary to execute a new contract through the completion of the project. The typical project phases are listed below. Phases that have been completed have been noted as such. Phases that have not been completed have been updated with a percentage complete or a scope of work adjustment to clarify what has been accomplished and what is outstanding. Please note that a new paragraph was added to indicate the additional scope of work added to the project for engaging display space and graphics provided by Advent. The full proposal for this scope of work was dated August 21, 2022. This proposal was submitted to the City of Lubbock on August 24, 2022. Project phases and associated services: Programming/Scope & Budget Verification COMPLETED Schematic Design Phase COMPLETED Design Development Phase COMPLETED Construction Documents Phase COMPLETED Bidding Phase COMPLETED 4222 85th Street Lubbock. Texas 79423 806.473.2200 Parkhlll.com Mr. Wes Everett Page 2 October 14, 2022 City of Lubbock — Police HQ Facility Construction Phase: Continuation of Services (approximately 60% complete) The A/E, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed upon by the Owner and the A/E, (1) to become generally familiar with and to keep with Owner informed about the progress and the quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The A/E shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods and techniques, sequences, or procedures or for safety precautions and programs in connection with the Work since these are solely the Contractor's rights and responsibilities under the Contract Documents. The A/E shall not supervise, direct, or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences, or procedures selected by the Contractor nor for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor. The Owner agrees that the general contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Owner's contract with the Contractor. The A/E shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity performing any portions of the Work or any agents or employees of any of them. The A/E does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules, or regulations. The A/E shall review and certify the amounts due the Contractor and shall issue certificates for payment in such amounts in accordance with the Contract Documents. The A/E shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The A/E shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving and adjustment in the contract sum or an extension of the Contract Time which are consistent with the Intent of the Contract Documents. If, due to an error or an omission by the A/E, any required item or component of the project is omitted from the Construction Documents, the A/E shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise add value or betterment to the project. THE A/E shall assist the Owner's Commissioning Agent with their Agent's commissioning activities. The A/E shall provide a Warranty Punch List Walk-Thru at approximately eleven (11) months after the Date of Substantial Completion. Furniture Fixtures and Equipment (FF&E) A/E will coordinate and oversee the final installation and coordination of ship dates. A/E will conduct a punch list of FF&E items within the scope and ensure that all furniture is repaired or replaced by furniture dealers/manufacturers if necessary. Mr. Wes Everett Page 3 October 14, 2022 City of Lubbock — Police HQ Facility Artwork can be selected and procured using a similar process as described for FF&E services above. If needed, the Scope can be defined, and a fee can be negotiated upon Owner's request. Advent Engaging Displays Please refer full scope of work detailed in proposal dated August 21, 2022. Use of A/E,s Instruments of Service Drawings, Specifications, and other Documents, including those in electronic form, prepared by the A/E and the A/E's Consultants are Instruments of Service for use solely with respect to this project. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the A/E and the A/E's Consultants. Compensation Remaining Contract Balance: $322,612.96 Remaining Reimbursable Expenses: (included in balance above) Advent Engaging Displays: $272,495.00 Total Contract Amount: $595,107.96 We appreciate the opportunity to provide professional services to you and look forward to the successful completion of the Police Headquarters Facility. If you have any questions, please do not hesitate to call us. Sincerely, PARKHILL Mike W. Moss Firm Principal By Ryan A. Wilkens Associate "The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000, www.tbae.state.tx.us has jurisdiction over complaints regarding the professional practices of persons registered as architects, interior designers, landscape architects in Texas." Parkhill August 21, 2022 City of Lubbock Wes Everett- Director Facilities Management PO Box 2000 1625 131' St Lubbock, TX 79457 (806) 775-2275 RE: Proposal/Scope for Professional Services — Lubbock Police Headquarters Engaging Displays Dear Mr. Everett: Parkhill (A/E) is pleased to have the opportunity to provide this proposal for design/build services for engaging storytelling displays to be installed in the new Lubbock Police Headquarters to The City of Lubbock (Owner). SCOPE OF SERVICES Based upon early concepting areas being scoped and budgeted include: 1. Main Lobby 2. Desk Office Backdrop Wall 3. Lobby Stairwell 4. Multi -purpose Room 5. Third Floor Waiting Area 6. South Stairwell Graphics Exclusions Include the following: 1. Paint 2. Electrical Power Supplies 3. Blocking 4. Furniture, Fixtures & Equipment DELIVERABLES Create A. Strategy In this phase of the project, Advent & Parkhill will cast the vision and project strategy for the overall experience that will include establishing the visual language for expressing your story within the space. Deliverables include the following: 1. Strategy Presentation: Advent & Parkhill will articulate the design intent and allow for discussion during the presentation that will inform the concept design development. The strategy presentation may include the following items to express the overall vision: a) Inspiration Images: Inspiration images that articulate the visual tone and brand expression within the space. b) Story Map: Layout of the major themes and key stories within the space. c) Graphic Styles: Different graphic approaches. d) Digital Strategy: Images/videos of relevant digital installations that enhance your story. e) Sketches: Sketches of Primary Spaces within the building. A:\2021\5571.21\00_ADMIN\00_CONTR\05_DRAFT PROPOSALS\COL-Health_Dept_Proposal_2021.05.21.docm 4222 85th Street Lubbock, Texas 79423 806.473.2200 Parkhill.com City of Lubbock — Police Headquarters Page 2 May 21, 2021 B. Concept Advent & Parkhill will define the experience for each space and the design intent for every story element within the space. One (1) revision is allotted within the Concept phase. Deliverables include the following: 1. Initial Concepts Design Presentation: Advent & Parkhill will articulate the design intent, scope of work, story master plan and open the opportunity for discussion. a) Revised Story Map b) Concepts: This will include a majority of the spaces. c) Sketches: Inspiration images and sketches of secondary spaces. 2. Final Concepts Design Presentation: Advent & Parkhill will articulate the design intent, scope of work, story master plan and open the opportunity for discussion. a) Final Story Map b) Concepts: This will include all of the spaces. c) Content Guide: Advent & Parkhill will provide a document detailing the required images and copy required to execute the work developed in the concept phase. d) Digital Experience Narrative: Advent & Parkhill will provide written documentation of the intended digital experiences of the project. C. Budget Advent & Parkhill will provide a budgetary estimate and scope of work clarification throughout the Conceptual Design process. Parkhill's and The City of Lubbock's approval of the final budget is required before moving into the Develop phase. Deliverables include the following: 1. Presentation of pricing and scope of work. 2. Schedule of Values with a cost for each display and project services. 3. Final Pricing A final pricing document will be delivered for approval prior to fabrication. Develop Upon approval of the scope of work and budget, Advent & Parkhill will focus on the details and execution of the design intent. If at any point the scope of work changes, additional services fees will be mutually agreed upon and a change order will be signed by both parties. Deliverables include the following: A. Integration: Electrical requests, structural blocking requests, and details to allow integration with the construction team. This deliverable date may vary depending on schedule and level of integration required B. Content Assimilation: Advent & Parkhill will work with Lubbock's appointed person to procure content. All content assimilation will need to be finalized before Advent begins the Realization phase; this content includes, but is not limited to, the following: all written content, photos, and confirmed memorabilia dimensions and locations. C. Production Documents Advent will have a production document review with Parkhill and Lubbock to ensure coordination with all parties involved in the project. One round of revisions on this document set is included: 1. Floor plans 2. Elevations 3. Material finishes City of Lubbock — Police Headquarters Page 3 May 21, 2021 4. Display/element dimensions, construction and mounting details 5. Final Art and Copy documentation and layout D. Digital Experiences 1. Wireframes: A visual guide that defines the functionality and scope of the digital experiences. 2. User Interface Designs: High fidelity mockups of the final software application or GUI (graphical user interface). These mockups are directly informed by the layouts established in the wireframes. 3. Motion Graphics: 2D or 3D rendered animations that are used for resting states and call -to -actions in the digital experience. 4. Digital Content Guide: In preparation for development of the digital experience, Advent will provide a content matrix detailing the required content, data, and media that will be imported into the content management system. Implement A. Fabrication + Field Supervision After approval of the Production Documents, Advent will move into building the brand displays and printing graphic elements. A field survey of the site will be performed by Advent to ensure that each custom piece fits the space. During the construction phases, Advent will be on -site at key points to coordinate with all parties involved. Advent will provide physical samples for the primary displays for Parkhill's and Lubbock's approval. B. Installation Advent will have a Field Supervisor on -site to manage the installation of each fabricated display. Deliverables include the following: 1. Punch List (if needed) 2. As-Builts & Close Out Documentation C. Stabilization + Support For digital experiences, Advent will actively monitor and ensure stability and quality of provided software solutions for a period of 90 days immediately following the installation. In addition, Advent will respond to any hardware issues during this period of 90 days immediately following the installation. The specific parameters of support will adhere to the signed SLA agreement. Individual hardware warranty information will be provided in the project close out documentation. COMPENSATION Please see attached Fee Summary Sheet (Exhibit B). Our fee for the Scope of Services described above will be based on a lump sum amount of $266,745.00 and will be billed on a percentage complete method. Refer to Attachment 'B' for fee sheet. Reimbursable expenses are anticipated to be $5,750. If this proposal meets your expectations, you may indicate your acceptance by returning one signed copy to our office. Upon receipt, we will wait to receive your Agreement and will consider receipt of the executed document as authorization to proceed. City of Lubbock — Police Headquarters Page 4 May 21, 2021 We appreciate the opportunity to provide professional services to you and look forward to the successful completion of the Public Health Facility. If you have any questions, please do not hesitate to call us. Sincerely, PARKHILL (A/E) By L—w— Kr%:Bubertson, AIA Firm Principal ByVaS�n., n A. Wilkens, AIA Sr. Associate CITY OF LUBBOCK (Owner) Accepted By: Title: Date: "The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333 Guadalupe, Suite 2-350, Austin, Texas 78701-394Z (512) 305-9000, www.tbae.state.U.us has jurisdiction over complaints regarding the professional practices of persons registered as architects, interior designers, landscape architects in Texas." Exhibit B Parkhill Project Fee and Budget Sheet (Hourly/Billing Rates) Today's Date: July 1, 2022 Prepared By: RAW Principal: MWM Project Manager: RAW Project Name: LPD Headquarters Advent Integration Project Number: 8715.18 Task/Discipline: Projected Start Date: Immediately Fee (Revenue) Type: Lump Sum Markup on Direct Expenses: Markup on Reimbursables: Tree costs summary (Profit and Markup Included in Total Fee) Labor Cost: $16,745 Direct Consultants: $250,000 Direct Expenses: Reimburable Consultants: $5,750 Reimbursable Expenses: IFee Summary (OH and Profit in Labor, Markup included in Directs and Reimbursables) Labor: $16,745 Directs: $250,000 Subtotal: $266,745 Reimburables: $5,750 Total Fee: $272,495 I Total Fee: $272,495 Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-951946 Date Filed: 11/03/2022 Date Acknowledged: 12/21/2022 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Parkhill Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract 16927 Public Safety Improvements Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Edwards, Jay Midland, TX United States X Moss, Mike Lubbock, TX United States X Hart, Daniel Austin, TX United States X Hamilton, John Lubbock, TX United States X Edwards, Zane Lubbock, TX United States X Haberer, Mark Lubbock, TX United States X Nelson, Scott Frisco, TX United States X Ramirez, Michael El Paso, TX United States X Finley, David Frisco, TX United States X Stills, Mary El Paso, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.dlb92728 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-951946 Parkhill Lubbock, TX United States Date Filed: 11/03/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 12/21/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract 16927 Public Safety Improvements Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.dlb92728 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-951946 Date Filed: 11/03/2022 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Parkhill Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract 16927 Public Safety Improvements Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Edwards, Jay Midland, TX United States X Moss, Mike Lubbock, TX United States X Hart, Daniel Austin, TX United States X Hamilton, John Lubbock, TX United States X Edwards, Zane Lubbock, TX United States X Haberer, Mark Lubbock, TX United States X Nelson, Scott Frisco, TX United States X Ramirez, Michael El Paso, TX United States X Finley, David Frisco, TX United States X Stills, Mary El Paso, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.d1b92728 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-951946 Date Filed: 11/03/2022 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Parkhill Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract 16927 Public Safety Improvements Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Daniel "Dan" S. Hart and my date of birth is My address is 11902 Burnet Rd. Austin TX 78758 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Travis County, State of Texas on the 3rd day of November, 20 22 (month) (year) Signature of a thori Vaggnt of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.dlb92728