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HomeMy WebLinkAboutResolution - 2019-R0279 - Parkhill Smith & Cooper - Parking Garage - 08/13/2019 Resolution No. 2019-RO279 Item No. 6.18 August 13, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Service Agreement Contract No. 14856 for a municipal parking garage, by and between the City of Lubbock and Parkhill. Smith & Cooper, 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 August 13, 2019 } JEFF Z91IFFNIf, NYAYOk PRO TEM ATTEST: Rebe t Garza, City Secret y APPROVED AST 0 CONTENT: Mark `earwood, Assis ant City Manager APPROVED AS TO FORM: 1-71ii Leisure, Assistant City Attorney ccdocs/RES,Prof Service Agreement Contract 14856—Garage 08.06.19 Resolution No. 2019-RO279 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK This Professional Service Agreement ("Agreement")Contract No. 14856 is entered into this 13th day of August , 2019, is by and between the City of Lubbock(the "City"), a Texas home rule municipal corporation, and Parkhill, Smith &Cooper, (the"Architect"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Architect to provide professional services for a Municipal Parking Garage, (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 18 months.If the Architect determines that additional time is required to complete the Services, the City Architect, may, but is not obligated to, in his or her discretion,execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 I ARTICLE II. SERVICES AND COMPENSATION A. The Architect shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto(the"Services"). B. The Architect shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed Four Hundred Twenty Two Thousand Two Hundred Ninety Four and no/100 Dollars($422,294.00), as set forth on 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. REPRESENTATIONS AND WARRANTIES A. Existence. The Architect is a corporation duty organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Architect has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 10 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Architect. This Agreement constitutes legal, valid, and binding obligations of the Architect and is enforceable in accordance with the terms thereof. D. Architect. The Architect maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance.The Architect will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Architect warrants that any materials provided by the Architect for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Architect shall be solely responsible for ensuring that any materials provided by the Architect pursuant to this Agreement satisfy this requirement and the Architect agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Architect's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Architect shall accomplish the following: Professional Services related to the Services, as provided in Exhibit"A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Architect and the City agree that the Architect shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes.The Architect has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Architect and the Architect's employees and/or sub-consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or Page 3 of 10 regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Architect shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City,carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Architect shall obtain and maintain in frill force and effect during the tern 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: 52,000,000 Professional Liability: Per Claim and Annual Aggregate: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Architect shall further cause any approved subcontractor or sub-consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Architect herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub-consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Architect shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 10 I ' L The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further,the Architect shall maintain said coverage throughout the tenn of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Architect maintains said coverage. The Architect may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Architect fails to maintain the required insurance in full force and effect, the Architect shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary,the professional liability policy shall be maintained at the Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage)shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Architect may employ or retain consultants, contractors, or third parties (any of which are referred to herein as"Sub-consultant"), to perform certain duties of Architect, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub-consultants. The Architect is at all times responsible to the City to perform the Services as provided in this Agreement and the Architect is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub-consultant.Any agent and/or Sub-consultant retained and/or employed by the Architect shall be required by the Architect to cant',for the protection and benefit of the City and the Architect and naming said third parties as additional insureds,insurance as described above required to be carried by the Architect in this Agreement. The Architect represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X. CONFIDENTIALITY The Architect shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City,unless otherwise required by law. ARTICLE XI. INDEMNITY THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, 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, REASONABLE EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF,RELATED TO OR OCCASIONED BY,THE NEGLIGENT ACTS OF THE ARCHITECT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Architect shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Architect to the City or the City to the Architect is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 10 B. Architect's Address. The Architect's address and numbers for the purposes of notice are: Parkhill, Smith & Cooper, Inc. Mike W. Moss—Principal-In-Charge 4222 85th Street Lubbock, Texas 79423 Telephone: 806.473.2200 Facsimile: 806.473.3500 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Wes Everett—Director Facilities Management P.O. Box 2000 1625 13th Street Lubbock,Texas 79457 Telephone: 806.775.2275 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY-PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall fiirnish 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 noinial business hours, the Architect's books and records with respect to this Agreement between the Architect and the City. Page 7of10 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 pennitted 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 8of10 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. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either(i) it meets an exemption criteria under Section 2270.002; or(ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK n,AA bn��� JEF - IMTI<NYAYOR" PRO TEM ATTEST: RtLu--.I--*- R— — Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Wesle D. Ever tt, Director of Facilities Management P VED AS O FORM: elli Leisure, Assistant City Attorney Firm PARK IL LITH & COOPER, INC. By: Mike Moss, Principal-ln-Charge Page 10 of 10 EXHIBIT "A" PARKHILLSMITH& 4222 85111 Street 1-M Lubbock,Texas 79-123 806.473.2200 August 5, 2019 City of Lubbock Wes Everett- Director Facilities Management PO Box 2000 1625 131h St Lubbock, TX 79457 (806) 775-2275 RE: Proposal/Scope for Professional Services - Municipal Parking Garage 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 Municipal Parking Garage. (Project). The project is located directly south of Citizens Tower. Scope will include a new 3-level parking garage containing approximately 400 parking spaces. In addition to the parking structure, an access/queuing drive will be designed in the current 151h Street right-of-way. The City of Lubbock selected Option 1 as defined in the Parkhill, Smith & Cooper, Inc. Municipal Parking Study (dated 6/15/17). The design services to be provided are as follows: Basic Design Services shall include Architectural, Interior Design, Structural, Mechanical, Electrical and Plumbing Engineering Services. Supplemental services are also shown in Exhibit A and include: Site Development (Civil Engineering and Landscape Architecture), and Security Camera and Equipment specification (FFE). The Owner and A/E may rely on the initial garage layout selection & scope as the basis of design. Both parties, however, recognize that the initial Information may materially change, and in that event, the Owner and the A/E shall appropriately adjust the schedule, the A/E's services, and the A/E's compensation, the Owner's budget for the cost of Work and the Owner's anticipated design and construction milestones, as necessary to accommodate material changes in the Initial Information. Typical project phases and associated services include: Programming/Scope & Budget The A/E will use Option 1 of the Municipal Parking Study (dated 6/15/17) as a basis for the requirements of the Project. As used in this Proposal, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the project site. X:1201918716.19100_ADMINI00_CONTRI01_FINAL\Design Services ProposallCity of Lubbock-Citizen Tower Parking Garage_20 19.7.26.docm Abilene Albuquerque Amarillo Arlington Austin EI Faso Frisco Las Prticos Lubbock Midland leans-psc.com City of Lubbock Page 2 August 5, 2019 Both parties acknowledge that the A/E's scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event the A/E or any other person or entity involved in the project encounters any hazardous or toxic materials, or should it become known to the A/E that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of the A/E's services, the A/E may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the Owner retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. Schematic Design Phase The A/E will prepare Schematic Design Documents for the Owner's approval based upon the mutually agreed upon scope above. Drawings shall consist of site plan, preliminary building plans, elevations, and may include mass modeling, perspective sketches or digital renderings. In addition to the drawings listed, data sheets may be provided to adequately determine and document equipment necessities, special requirements, etc. During the Schematic Design Phase, the A/E will also assist the Owner in preparing a solicitation for a Competitive Sealed Proposal (CSP). An OPC will be provided by the A/E at the conclusion of the Schematic Design Phase of which the Owner can rely upon. In accepting and utilizing any form of electronic media generated and furnished by the A/E, the OWNER agrees that all such electronic files are Instruments of Service of the A/E. The Owner is aware that differences may exist between the electronic files delivered and the printed hard-copy Contract Documents. In the event of a conflict between the original signed Contract Documents prepared by the A/E and electronic files, the original signed and sealed hard-copy Contract Documents shall govern. Electronic files created by the A/E through the application of software licensed for the sole and exclusive use by the A/E will be furnished to the Owner in read-only format. The Owner is responsible to obtain and maintain software licenses as appropriate for the use of electronic files provided by the A/E. Design Development Phase 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 A/E 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 illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, typical construction details and diagrammatic layouts of building systems to better determine project size and budget. Outline specifications shall also be provided to further define products and quality expectations. An updated OPC will be provided by the A/E at the conclusion of the Design Development Phase of which the Owner can reply upon. Construction Documents Phase Based upon the Owner's approval of the Design Development Phase Budget and Design Documents, the A/E 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 City of Lubbock Page 3 August 5, 2019 and shall consist of Drawings and Specifications setting forth, in detail, the level of quality and performance criteria of materials and systems for construction of the Work. The A/E shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract and the form of Agreement between the Owner and General Contractor. All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR)— Elimination of Architectural Barriers (EAB) Division for plan review for compliance with TAS requirements. The A/E will include in the design of the Project all changes that are the result of the TDLR plan review. After construction of the project TDLR requires an inspection of the project for compliance confirmation. However, the A/E cannot and does not warrant or guarantee that different rules and or interpretation may be applied to the Owner's Project at the time of the final TDLR inspection. Compliance with changes required by the TDLR final inspection that were not mentioned in the TDLR plan may be required. Bidding Phase The A/E shall assist the Owner in the advertisement for the CSP during the Bidding Phase. Preparing responses to potential contractor's questions during the bidding phase and assisting in selection of a qualified contractor are included in the anticipated scope of work. Construction Phase 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. City of Lubbock Page 4 August 5, 2019 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 shall work with the Owner to determine vehicular access and security camera equipment to be purchased and installed by the Contractor. A/E will provide an FF&E OPC to the Owner for review and for consideration. A/E will select and present equipment selections to the Owner for approval/revision. 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. Fee Summary Basic Services $301,344 Civil Engineering $77,600 Landscape Architecture $19,850 MIT Consultant $15,000 Reimbursable Expenses (Budget) $8,500 $422,294 The A/E anticipates that the scope detailed above would require approximately 20 working days for schematic design, 30 days for design development and approximately 40 working days for completion of construction documents. Please note, owner review time is in addition to the durations noted above. The A/E also anticipates a 10-month construction duration. This estimate is largely dependent upon the precast provider selected and is subject to change. Please see attached Fee Summary Sheet (Exhibit A) for basic services and supplemental service fees. City of Lubbock Page 5 August 5, 2019 We appreciate the opportunity to provide professional services to you and look forward to the successful completion of the Municipal Parking Garage. If you have any questions, please do not hesitate to call us. Sincerely, PARKHILL, SMITH & COOPER, INC. (A/E) BY �J,L �- Mike W. Moss Fir Principal By Ryfin 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." City of Lubbock1 Municipal Parking Garage Rate Quantity Cost Direct Cost- Primary Facility $36.21 134,832 $ 4,882,508 Design Development Contingency 5.00% $ 244,125 Total Direct Construction Cost $ 5,126,634 GC Overhead & Profit 7.00% $ 358,864 Gen Conditions 4.00% $ 205,065 Construction Contingency 2.00% $ 102,533 PRIMARY FACILITY TOTAL CONSTRUCTION $ 5,793,096 Direct Cost- Site&Supporting Facilities $195,300 1 $ 195,300 Design Development Contingency 5.00% $ 9,765 Total Direct Construction Cost $ 205,065 GC Overhead & Profit 7.00% $ 14,355 Gen Conditions 4.00% $ 8,203 Construction Contingency 3.00% $ 6,152 SITE&SUPPORTING FACILITIES TOTAL CONSTRUCTION $ 233,774 CONSTRUCTION SUB-TOTAL $ 6,026,870 Construction Cost Escalation to Midpoint of Construction 3.75% $ 226,008 CONSTRUCTION TOTAL $ 6,252,878 PROFESSIONAL FEES A/E Basic Service Professional Fees 5.00% $ 301,344 Civil Engineering (on-site only, no o -si e utiliTies, municipal improvements, platting, or zoning changes) $77,600 1 $ 77;600 Landscape Architecture (plantings &irrigation) $19,850 1 $ 19,850 AV/IT/Security Consultant $15,000 1 $ 15,000 SOFT COSTS Reimbursables Expenses (budget)** $8,500 1 $ 8,500 Surveying $0 1 $ - Geotech $0 1 $ - Energy Code Commissioning (As Required by IBC-By Owner) Special Inspections (As Required by IBC- By Owner) CMT (By Owner) Project Cost $ 6,675,172 ..Reimbursable Expenses include travel expenses for the Design Group &TDLR reistrotion, plan review and inspection. Reimbursable Expenses does NOT include printing costs associated with"bid sets". This cost to be provided as a part of the CMAR services.