HomeMy WebLinkAboutResolution - 2015-R0303 - Contract - Brinkley Sargent Wiginton Architects Inc - Emergency Ops Center - 09/10/2015Resolution No. 2015-RO303
Item No. 6.27
September 10, 2015
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THS 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. 12496 for professional architectural and
engineering services related to the construction of a new Emergency Operations Center located at
the same site as the Lubbock Fire Administration Building, 1515 East Ursuline Street, said
Contract to be for a fixed fee in the amount of five hundred thirty-seven thousand eight hundred
eighty-one dollars ($537,5$1.00), and said Contract and related documents to be by and between
the City of Lubbock and Brinkley Sargent Wiginton Architects, Inc., of Dallas, Texas. 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 thisl Oth day of September , 2015.
GLE . ROBER SON, MAYOR
ATTEST:
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cSecret
APPROVED AS TO CONTENT:
1
Mike Kemp, Fire ief
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Wesley D. Everett, Director of Facilities Management
APPROVED AS TO FORM:
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L ura ratt, Assistant City Attorney
RES.BSW PSA 8 20 15
August 20, 2015
Resolution No. 2015-RO303 Contract #12496
AGREEMENT BETWEEN THE CITY OF LUBBOCK
AND BRINKLEY SARGENT WIGINTON ARCHITECTS
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement entered into this 10th day of September 2015, by and between the
City of Lubbock ("City") and Brinkley Sargent Wiginton ("BSW"), 5000 Quorum Drive, Suite
600, Dallas, Texas 75254.
WHEREAS, The City is in need of Architectural and Engineering Services for Professional
Services relating to construction of a new Emergency Operations Center (EOC) located at same
site as Lubbock Fire Administration Building, 1515 East Ursuiine Street, Lubbock, Texas 79403.
WHEREAS, BSW has the materials, experience and skill required to provide the
consulting services described above; and
WHEREAS, City desires to contract with BSW to provide Consulting Services mentioned
above,
NOW THEREFORE, it is agreed between the parties that:
1. SCOPE OF WORK.
A. BSW Responsibilities. BSW agrees to provide all Architectural and Engineering
Services relating to the construction of EOC. 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 BSW 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.
11. TIME OF PERFORMANCE
A. BSW will begin work promptly after this agreement is signed by the Mayor and
complete the project according to the project schedule as defined by Exhibit B4.
II1. GENERAL CONDITIONS
A. General Compliance
BSW agrees to comply with all applicable federal, state, and local laws pertaining
to Architectural, Engineering and Landscaping services.
Page t
B. Insurance
BSW 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
BSW hereby assumes full responsibility for the risk of bodily injury, death or
property damages resulting from the consulting 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 negligent error, omission or
negligent act of BSW, its officials, officers, agents, employees, invitees or other
persons for whom BSW is legally liable with regard to the performance of this
Agreement.
BSW shall hold harmless, and indemnify the City from any and all claims, actions,
suits. charges and judgments whatsoever that arise out of the consulting services
performed pursuant to this Agreement but only to the extent occasioned by any
negligent error, omission or negligent act of BSW, its officials, officers, agents,
employees, invitees or other persons for whom BSW 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.
E. The City Right to Audit
At any time during the term of the contract, or thereafter, the City, or a duly
authorized audit representative of the City or the State of Texas, at its expense and
at reasonable times. reserves the right to audit Contractor's records and books
relevant to all services provided to the City under this Contract. In the event such
an audit by the City reveals any errors or overpayments by the City, Contractor
shall refund the City the full amount of such overpayments within thirty (30) days
Page 2
of such audit findings, or the City, at its option, reserves the right to deduct such
amounts owing the City from any payments due Contractor.
F. Governing Law and Venue
This Agreement shall for all purposes be construed and enforced under and in
accordance with the laws of the State of Texas. This Agreement is performable in
Lubbock County, Texas. The Parties 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. Amendments
City or the Architect may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement and are executed in writing
and signed by both parties.
H. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to
the subject matter, and there are no other written or oral promises, conditions,
warranties, or representations relating to or affecting the matters contemplated
herein.
J. Assignability
Architect may not assign this Contract without the prior written approval of the
City.
K. 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.
L. No Joint Enterprise
Nothing contained herein shall be construed to imply a joint venture, joint
enterprise. partnership or principal — agent relationship between Architect and the
City.
Page 3
M. Third Party Activities
Noting in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Architect.
N_ 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, cancelation 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.
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 loth day
of Sevtember , 2015.
CITY OF LUBBOCK
GLE: . OBLTSO&, MAYOR
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Reb ~ca Garza City } ecre 6 -
APPROVED AS TO CONTENT:
Mike Kemp, Fire Chief
APPROVED AS TO FORM:
r.ad Weaver, Cit} Attorney
BRINKLEY SARGENT WIGINTON
ARCHITECTS, INC.
Antho ff , AI .
Sr. sident
Wesley D. ;verett. Dir ctor of Facilities
Paue 4
EXHIBIT A
BRINKLEY SARGENT WIGINTON
PROFESSIONAL SERVICES PROPOSAL
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Information set forth in this Article 1:
A new Emergency Operations Center containing 13,311 s.f. more fully described in Exhibit B2. Project to be built
on existing Fire Administration Building site as shown on Exhibit B1. Project budget as shown on Exhibit B3.
Project schedule as shown on Exhibit B4.
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:
.1 General Liability: Reference Exhibit F
.2 Automobile Liability:
.3 Workers' Compensation:
.4 Professional Liability:
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.
Page 1 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
§ 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.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 Exhibit B shall serve as Schematic Design Phase package.
§ 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.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.1 Based on the Owners 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,
§ 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 update the estimate for the Cost of the Work.
§ 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the
Owner's approval.
Page 2 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
§ 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 procuring the reproduction of Bidding Documents for distribution to prospective bidders;
.2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion
of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of
deposits, if any, received from and returned to prospective bidders;
.3 organizing and conducting a pre-bid conference for prospective bidders;
.4 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; and
.5 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 AEA 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 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.
§ 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 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.
Page 3 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
§ 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.
§ 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
Page 4 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
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 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.
§ 3.6.5 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.
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.
§ 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.
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EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
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
Not Provided
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
4.1.7
Civil Engineering
Architect
Exhibit J
4.1.8
Landscape Design
Architect
Exhibit R
4.1.9
Architectural Interior Design
Architect
4.1.10
Value Analysis
Not Provided
4.1.11
Detailed Cost Estimating
Architect
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
Architect
Reference Exhibit 12.6A
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
Architect
Exhibit N
4.1.21
Security Evaluation and Planning
Architect
Exhibit N
4.1.22
Commissioning
Architect
Exhibit P
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 Desi n
Not Provided
By Owner
4.1.28
Topographic Survey Services
Architect
Exhibit K
4.1.29
Platting Services
Not Provided
4.1.30
Geotechnical Investigation
Architect
Exhibit Q
4.1.31
Tornado Peer Review
Architect
Exhibit L
4.1.32
Texas Accessibility Consultant
Architect
Exhibit M
§ 4.2 Description of each Additional Service designated in Section 4.1 as the Architect's responsibility:
Reference Exhibit D
§ 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,
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EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
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
LEEDO 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;
.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.
§ 4.3.4 If the services covered by this Agreement have not been completed within Twenty-two ( 22 ) 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.
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
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.
Page 7 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
§ 5.3 The Owner shall identify a representative authorized to act on the Owners 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.
§ 5.6 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.
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, and 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
Page 8 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
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
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.
Page 9 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
§ 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 BRINKLEY SARGENT WIGINTON
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
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.
Page 10 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
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
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 Open Information Act.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services, the Owner shall compensate the Architect as follows:
Reference Exhibit D
§ 11.2 For Additional Services, the Owner shall compensate the Architect as follows: Reference Exhibit D
§ 11.3 For Additional Services that may arise during the course of the Project, 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 or percentage of the Cost of the
Work, the compensation for each phase of services shall be as follows: Reference Exhibit D
Page 11 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1)
the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent
estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation
in accordance with this Agreement for all services performed whether or not the Construction Phase is
commenced.
§ 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. Reference Exhibit E
§ 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 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the
Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by
the Owner;
.8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect's consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and
.11 Other similar Project -related expenditures.
§ 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 twenty thousand dollars ($20,000.00) without prior approval from the Owner.
Cost associated with the printing of bid documents and specifications and delivery of same will be in addition to
the allowance or billed directly to the Owner.
§ 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.
Page 12 of 13
EXHIBIT A
SCOPE OF SERVICES City of Lubbock — New Emergency Operations Center
§ 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
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: Reference Exhibit C
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents listed below:
.1 Standard agreement between City of Lubbock and Brinkley Sargent Wiginton Architects, Inc.
Other documents:
Exhibit A
Brinkley Sargent Wiginton Architects Scope of Services
Exhibit B
Initial Project Information
Exhibit C
Special Terms & Conditions of the Contract
Exhibit D
Services & Compensation
Exhibit E
Hourly Rates Chart
Exhibit F
Certificates of Insurance
Exhibit G
Structural Engineering Services
Exhibit H
Mechanical, Electrical & Plumbing Engineering Services
Exhibit J
Civil Design Services
Exhibit K
Site Survey
Exhibit L
Tornado Peer Review Services
Exhibit M
Accessibility Consulting Services
Exhibit N
Technology, Audio/Visual Design Services
Exhibit P
Commissioning Services
Exhibit Q
Geotech Report
Exhibit R
Landscape Services
Page 13 of 13
6
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Exhibit
t -s
1 FLpOR PLAN - 13.311 ft
ae .. •.. o-
ISSUED FOR PRESENTATION ONLY
WCuMENFBAREMo wtLtEAlm AREWT 1OREusEUFORNEWIATONYAPPROY+L PERWT ORCnHs"RVCTIC4
LUBBOCK E.O.C. T teams
aRMM "SMGENT4NONIriM1ARCHnWTS
Testing Services
Construction Materials
Total
Construction
FF&E
Building
I.T./Cabling/Racks
Security
Site Development/Parking
Emergency Generator/Fuel Tank
LandscapelFlatwork/Lighting
Site Fence (Secure Lots)
On -Site Water Retention
DAS System
On -Site Development Utilities
Off -Site Utility Development
Support Buildings
LEED Enhancements
Contingency
Total
Furniture
Equipment/Appliances
Total
City Budgets
Electrical/Service Fees
Gas/Cable Service Fees
Telephone
City Computer/Network Equipment
Fiber to Site
Moving Costs
Communication Tower
AN Equipment
Owner Contingency
Total
Professional Services
Site Submittal Process
A/E Services
Commissioning
Civil Engineering (On -Site)
Civil Engineering (Off -Site Utilities)
Site Survey
Geotech Report
TAAS Consulting
Tomado Shelter Design Review
Landscape/Irrigation Design
Cost Estimating
Audio Video
FF & E Selection/Procurement
Technology/Security/DAS Systems
As Built/Contractor CAD Documents
Reimbursable
Total
EXHIBIT B3
City of Lubbock
New EOC. Building
Project Budget
July 23, 2015
38,142 Note B
38,142
3,793,635
Note C
129,782
Note D
50,582
Note E
204,000
Note F
280,000
Note J
40,000
04/05/16 Bid Date
0
Note G
0
Note J
25,291
Note P
100,000
.75% of construction cost
0
Note J
0
13,311 s.f @ $9 751s f
0
Note J
462,329
Note K
5,005,619
Note L
250,000 Note H
15,000
0 Note U
0 Note U
73,211 Note Q
100,000 Note H
5,000 Note S
5,000
0 Note J
450,000 Note H
50,856 Note N
0
Note J
381,421
Note R
21,500
Note U
11,000
01/01/16 Construction Documents
0
Note J
4,000
04/05/16 Bid Date
4,995
05/09/16 Start of Construction
2,465
04/01/17 Substantial Completion
20,000
04/30117 Occupancy
1,500
.75% of construction cost
12,000
13.311 s f, @ $2851s f
24,000
13,311 s.f @ $9 751s f
0
Note U
30,000
34 spaces @ $6,0001car
5,000
Not required at new parking Gate & fence at
20,000
" 637,8
existing fire perimeter
Total rot ast, Note A
Budget Notes
Note A Project Schedule
09/01/15 Start Design Development
1119115 Pricing Review
12/18115 Pricing confirmation
01/01/16 Construction Documents
03108/16 Bid Issue
04/05/16 Bid Date
05/09/16 Start of Construction
04/01/17 Substantial Completion
04/30117 Occupancy
Note B
.75% of construction cost
Note C
13.311 s f, @ $2851s f
Note D
13,311 s.f @ $9 751s f
Note E
13.311 s f @ $3 Bois f
Note F
34 spaces @ $6,0001car
Note G
Not required at new parking Gate & fence at
existing fire perimeter
Note H
City provided allowance
Note J
Not required
Nate K.
10% of construction cost
Note L:
Building design to survive up to 250 MPH vends
and be operational
Note N.
I% of construction budget
Note P:
13,311 s f @ $1 90/s f.
Note O-
13,311 s f @ $5 501s f
Note R
7 5% of construction cost Fee based on BSW
starting @ DD based on FD's floor plan
There would be no schematic design phase
Note S
Existing at fire admin building
Note U
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EXHIBIT C
CITY OF LUBBOCK
NEW EMERGENCY OPERATIONS CENTER BUILDING
ARTICLE 12
SPECIAL TERMS AND CONDITIONS OF THE CONTRACT
12.1 CHANGE ORDERS
A. Omissions: If the Architect fails to include or omits an item from the Contract Documents, which was
fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, the
Architect will not receive a fee for work associated with the Change Order.
12.2 STANDARD OF CAREXONTINGENCY
In performing Architectural Services, the Architect will strive to use that degree of care and skill ordinarily
exercised under similar circumstances by competent members of the architecture profession.
Notwithstanding compliance with this standard of care, the Owner can normally anticipate that some
changes and adjustments in the project will be required either during or after construction. The Owner
agrees to establish a construction contingency fund (minimum 3% of construction cost) to cover the
reasonably anticipated costs of these changes and adjustments as well as, changes due to code
revisions and field conditions. The Owner agrees not to seek any costs related to Article 12.2 items from
Architect unless the aforementioned contingency funds are exhausted by nor} -Owner initiated changes.
12.3 ADA COMPLIANCE
The Americans with Disabilities Act ("ADA") provides that it is a violation of the ADA to design and
construct a facility for first occupancy later that January 26, 1993 that does not meet the accessibility and
usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical
to do so. The parties acknowledge that the ADA and the corresponding State of Texas laws regarding
disability barriers ("State Law") will be subject to various and possible contradictory interpretations. The
Architect. therefore will use reasonable professional efforts to interpret and comply with all applicable
ADA and State Law requirements and other federal, state, and local laws, rules, codes, ordinances and
regulations as they apply to the Project. The Architect will endeavor to achieve compliance with the ADA,
using its best judgment and approvals of available Consultants and Government Officials.
12.4 STRUCTURAL CERTIFICATION OF AS -BUILT CONDITIONS
A. This contract provides for structural site observation during construction consistent with normal
standard of care as outlined in AIA Document 8101-2007. This scope of work does not include
structural services to inspect all the structural as -built conditions necessary to provide the Owner with
a "Letter of Structural Certification" of the building at the time of substantial completion. These
services can be made available as an additional service.
12.5 ARCHITECTURAL REGISTRATION
A. The Texas Board of Architectural Examiners, Hobby Building, 333 Guadalupe, Suite 2-350, Austin.
Texas 78701 (512-305-9000) has jurisdiction over individuals licensed where the Architect's
Registration Law_ Texas Civil Status, Article 249a.
EXHIBIT C Page 1 of 2
12.6 RECORD DRAWINGS
A. Deliverables for Record Documents or "as-builts" shall be defined as the following. Architect will
provide one set of Drawings in digital (PDF) format that includes final revisions formalized by the
Architect through the course of the Work and any other field revisions as supplied by the Contractor
to the Architect at close out. Architect will also provide AutoCAD compatible (DWG) vector format
digital background files of a project site plan, floor plans and ceiling pians.
12.7 SPECIAL INSPECTIONS
A. Recent code language contains references to "Special Inspections" for various parts of the
construction process. The industry is currently meeting these requirements by assigning
responsibilities to various Consultants involved in the Construction Industry (Commissioning Agents,
Materials Testing Lab, Fire Protection and Smoke Evaluation Consultants, Mechanical and Structural
Engineers and Architects. Since these inspections are new to the industry, each jurisdiction has their
own interpretation as to how "Special Inspections" are accomplished beyond Standard Construction
Administration Activities and what party should be responsible for them. The Design Team will work
with the appropriate jurisdiction during the Design Phase of the Project to identify requirements and
responsibilities. Many of these inspections may be performed as part of Standard CA services but
some may require Additional Services Fees from the Design Team or outside Consultants. These
"Special Inspections" must be identified prior to the start of construction in order to be performed at
the appropriate time prior to receiving a "Certificate of Occupancy".
12.8 STATUES OF LIMITATION AND REPOSE
A. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be
deemed to have accrued and the applicable statues of limitations shall commence to run not later
than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial
Completion or the date of issuance of the final Certificate for Payment for acts or failures to act
occurring after Substantial completion. In no event shall such statues of limitations commence to run
any later than the date when the Architect's services are substantially completed.
EXHIBIT C. Page 2 of 2
EXHIBIT D
CITY OF LUBBOCK
NEW EMERGENCY OPERATIONS CENTER BUILDING
ARTICLE 11
SERVICES AND COMPENSATION
BASIC AND SUPPLEMENTAL SERVICES INCLUDED IN THE CONTRACT SCOPE OF WORK
BASIC AIE SERVICES: FEE $381.421
Architectural, Structural Engineering (reference Exhibit G), and Mechanical, Electrical and
Plumbing Engineering (reference Exhibit H) Services. Fees to be billed monthly by percent
complete of each phase as follows:
Design Development 35%
Construction Document Phase 35%
Bidding Phase 6%
Construction Administration Phase 24%
Total 100%
The initial building construction budget (Exhibit B3) is set at $5.085,619 for contractual purposes
Basic services fee represents 7.5% of construction budget This budget may be adjusted from
time to time by Owner authorization. Should the Owner authorized construction budget increase
during Design Development phase, Architect will receive a fee adjustment equal to 7.5% of
budget increase The Architect will receive no adjustment in the fixed fee should the actual
accepted construction bid vary from the budget and subsequently be approved by the Owner.
NOTE Construction is anticipated to last 10 months (Ref. Exhibit B4). Project meetings will occur
every 2 weeks Should construction proceed beyond 12 months, through no fault of the Architect,
the Architect reserves the right to seek additional services based upon a per month fee of $8 000.
119.2 SUPPLEMENTAL SERVICES INCLUDED AS PART OF SERVICES TO BE PROVIDED:
1 Site Submittal Process-
Not
rocessNot required as part of scope of work
2 Civil Engineering Off -Site Services
No off-site utilities are part of this scope of work.
3 Civil Engineering On -Site Services Fee $15.000
Grading, horizontal control paving, drainage_ site utilities (Reference Exhibit J)
Site survey (Reference Exhibit K)
4 Accessibility Consulting Services. Fee $2,465
Review of accessibility at existing site to building. Review of design development documents
by state approved firm for conformance to TAS requirements. Development of a substantial
completion punch list report for contractor TAS conformance. State mandated construction
document review and final state mandated site inspection report. (Reference Exhibit M)
Exhibit D Page i of 3
5. Landscape Design Services. Fee $1.500
Landscape and irrigation system design. (Reference Exhibit R)
6. Cost Estimatino Services: Fee $12.000
Schematic & design development phase pricing
7. Furniture Selection Services.
Furniture design & selection by City.
8. Technology Systems Design Services: Fee $54.000
Design of Owner I.T. cabling & backbone system. Design of video surveillance_ DAS,
electronic security & audio/visual systems. (Reference Exhibit N)
AIE coordination $6,000
9. Building Commissioning Services. Fee $21.500
Commissioning of building HVAC systems including coordination of Owner training
Reference Exhibit P.
10. Tornado Shelter Peer Review Consulting Services: Fee $20,000
Services consist of architectural & structural items analyzed per requirements of ICC -500-
2014. (Reference Exhibit L)
11. CAD/Record Drawings: Fee $5,000
Prepare a set of electronic documents showing significant changes in the work during
construction from data furnished by Contractor. Update electronic files with all changes
issued during construction by Architect and consultant team Reference Exhibit C12.6
12 Geotechnical Engineering: Fee $4,995
Geotechnical report defining structural & civil requirements based upon site soil conditions,
(Reference Exhibit Q)
11.3 REIMBURSABLE EXPENSES: BUDGET ESTIMATE $20,000
Project related expenses as outlined in Article 11.8 of Brinkley Sargent Wiginton Contract All
expenses will be billed at cost plus 10%. Budget includes some cost items over which architect
has minimal control and therefore this cost is an estimate and may be adjusted with Owner
approval.
11.4 FEE SUMMARY
A Basic Services $381,421
B Supplementary Services $136,460
Tota! Professional Services $517,881
C. Reimbursable Budget
Total Contract
11.4.1 SUPPLEMENTARY SERVICES FEES
20,000
$537,881
All fees associated with supplemental services are to be considered as a "not to exceed
amount" Any increases for supplemental services may only be done with authorization of the
Owner In addition, all work to be performed under supplemental services will only be billed
for the actual work performed even if considered as lump sum fee. Any reduction in the scope
of work, tasks to be completed or change to the desired duties performed by the provider of
the supplemental services will have a corresponding reduction on the fee charged for those
Exhibit d. Page 2 of 3
services. Any supplemental service may be reduced or eliminated by the Owner after
consultation with the Architect as long as such reduction or elimination occurs prior to
performance of such work.
11.5 SCOPE OF WORK ASSUMPTIONS
A. Materials testing services during construction to be provided by Owner -
Exhibit d Page 3 of 3
BILLING RATES
2014
TITLE
Senior Principal
Principal/Project Manager
Project Architect
Senior Programmer
Construction Administrator
Staff Architect
Architectural Designer II
Architectural Designer I
Interior Designer
Administration
ARCHITECTS
RATE/hr.
240.00
180.00
125.00
120.00
120.00
115.00
95.00
90.00
90.00
75.00
Exhibit
Billing Rates are reriewed by Architects yearly. Rates are subject to adjustment .luly 1" of each veur
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A6OZe CERTIFICATE OF LIABILITY INSURA
7/13/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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PRODUCER ODOCACT Toe a Bs7rant
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12801 Horth Central Expressway
PHONE 2.W ,_ (214) 503-1212 'PAX
12801 503-8699
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DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it mora space N required)
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presented within the policy period and is subject to a deductible. Thirty day notice of
cancellation in favor of certificate holder.
tiCK I II-H.;A I r MUL LICK CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The City of Lubbock
ACCORDANCE WITH THE POLICY PROVISIONS.
-625 13th Street AUTHORIZED REPRESENTATIVE
Lubbock TX 79401
01988-2010 ACORD CORPORATION. All rights reserved.,
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Page 1 -f 1
EXhICIR
® CERTIFICATE OF LIABILITY INS"
1 7/10/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
—
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
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REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s),
PRODUCER Linda Nichola
Keystone Southwest Insurance Agency PHONE(972) 771-3861 FAx
[972) 772-1021
P O Box 1747 a;v,gFs4.lnichols@kavina.com
_ INSUREit(SI AFFORDING COVERAGE �--.. NAIL 8
Rockwall TX 75087 INSURERAAmerican CasualtX C-- any 0427
INSURED INSWWRB;Transportation Insurance Co. 20494
BRI14KIZY SARGENT WIGMTON ARCHITECTS,Inc. wsuRERcContinental Casualty Insurance 20443
5000 Quorum Drive INSURERD:Texas Mutual. Insurance Co. _ 294_5 L
Suite 600 INSURER E, _
Dallas TX 75254 INSU11RF:
rnVFRAGFS CFRTIFICATF N11MRFR•1d/15 0=%MCInal wluQvo.
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INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (Attach ACORD 101, Addldenal Remarks Sdreduk, N more space V required)
General Liability and Nusineaa Auto Liability policy includes Blanket Waiver of Subrogation and Blanket
Additional Insured when required by written contract. Coverage is on Primary and non contributory Basis.
The City of Lubbock
1625 13th Street
Lubbock, TX 79401
ACORD 25 (2010105)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHOREWD REPRESENTATIVE
James Looker/LINDA
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Mr. Tony Jeffry, AIA
Vice President
Brinkley Sargent Wiginton Architects
5000 Quorum Drive, Suite 600
Dallas, Texas 75254
Ra Proposal — Scope of Structural Engineering Services and Compensation (Part I)
City of Lubbock Emergency Operations Center, Lubbock, Texas
Dear Mr. Jeffry,
We are pleased to express our interest in providing structural engineering services for the referenced
project and offer the following proposal for your consideration.
SCOPE OF PROJECT
We understand the scope of the project to be a new Emergency Operations Center for the City of Lubbock
Fire Department near their administrative offices at 1515 E. Ursuline in Lubbock, Texas. The building will
be a single story of approximately 13,350 SF and will require the building to be hardened according to ICC
500 with 250 MPH wind. The exact structural system is unknown at this time. The anticipated foundation
system will be either shallow footings or piers with grade beams.
SERVICES
Our services will include the following:
I. Participate in establishment of structural design criteria and determination of the primary
structural framing scheme.
2. Engineering calculations for the design of the primary structural frame. Foundations will be
designed and detailed in accordance with the recommendations in a Geotechnical Report
prepared specifically for this site.
3. Preparation of construction drawings for the structural portions of the work.
4. t
This model is only for the purposes of A/E coordination, generation of
construction documents and dash detection with major structural elements, with the exception
Professional Services Agreement
City of Lubbock Emergency Operations Center, Lubbock, Texas
Brinkley Sargent Wiginton Architects
07.15.15
Part I — scope of Structural Engineering Services and Compensation
Page 2 of 9
that the model may not be suitable for the creation of shop drawings. Items to be included in the
structural model include: columns, load-bearing walls, beams, slabs, braces, and -foundations.
Preparation of structural specifications.
6. Assist the Architect in designing and detailing of miscellaneous metal fabrications for the items
noted below. Detailing and specification of these items will be the responsibility of the Architect:
a. Toilet partition supports
b. Movable partition supports
c. Curtain wall or window wall bracing
d. Cold formed metal framing (CFMF): Preliminary member sizes will be provided for detailing
purposes only.
7. Provision of structural performance requirements for the following items to be included in the
performance specifications being prepared by others:
a. Pre -cast concrete building components, including architectural precast concrete
b. Performance specified steel framing
c. Cold -formed metal framing at exterior and interior conditions
d. inserts, embeds, and hangers for mechanical, electrical, and plumbing hanging pipes,
conduits, cable trays and equipment.
8. Preparation of addenda as required during bidding period, and answering questions regarding
structural plans and specifications.
Construction administration:
a. Three (3) site visits and/or construction administration and/or pre -construction meetings,
including the preparation of observation reports.
b. Review of structural shop drawings and submittal data.
c. Review and respond to RFI's
d. Preparation of ASI's and change orders.
e. Review of change orders
f. Review of testing laboratory reports
Services excluded from basic services:
Design and detailing of sitework including paving, sidewalks, flag and light foundations, retaining
walls, bollards, dumpster pads, sign foundations, site sculpture foundations, etc., unless
specifically included above.
Structural engineering design and detailing of specialty engineered building systems including but
not limited to the following performance specified items.
a. Pre -cast concrete building components
b. Performance specified steel framing
c. Cold -formed metal framing at exterior and interior conditions
3. Design, detailing, coordination, or layout of embeds or inserts for the support of mechanical,
electrical, or plumbing hanging piping, conduits, cable trays, or other equipment.
Professional Services Agreement
City of Lubbock Emergency Operations Center, Lubbock, Texas
Brinkley Sargent Wiginton Architects
03.15.35
Part I — Scope of Structural Engineering services and Compensation Page 3 of 9
4. Design of curtain wall systems, including internal reinforcing of window and curtainwall systems
5.
-Ow geape ab&y These excluded items include, but are not limited to: Miscellaneous steel,
reinforcing, mist. steel "kicker" braces, channel frames, slab recesses, non -load bearing walls,
exterior wall facade and fenestration, pre-engineered metal buildings, underground utilities.
b. Opinions of probable construction costs.
Geotechnical investigations and material testing.
8. Fast track production of structural drawings ahead of the architectural and MEP drawings.
9. Design of structural slats system for ground floor.
10. Detailed panel elevations for tilt -up concrete wall construction.
11. Design of temporary or permanent earth retention systems.
12. Detailing or specification of waterproofing or dampproofing. JQ may graphically indicate these
items as appropriate and designate these items as work specified elsewhere in the Construction
Documents.
13. Construction administration:
a. Additional site visits beyond the number listed above.
b. Review of formwork and shoring drawings.
c. Updating or provision of the BIM model for construction coordination.
d. Review of embeds, inserts and/or hangers and accessories for hanging fire suppression piping
and equipment.
14_ Special inspections or responsibility for special inspections as the registered design professional
in responsible charge (as defined by the International Building Code).
15. Assistance with the permitting process.
FEES
We propose to provide engineering services for a lump sum fee of $22,950.
Authorized additional services will be billed at the following hourly rates plus reimbursable expenses:
Partner $240.00 / hour
Principal $210.00 / hour
Senior Project Manager $175.00 / hour
Engineering Technical Lead $190.00 / hour
Professional Services Agreement
City of Lubbock Emergency Operations Center, Lubbock, Texas
Brinkley Sargent Wiglnton Architects
07.15.15
Part I — Scope of Structural Engineering Services and Compensation
Project Manager
Senior Project Engineer
Project Engineer
Senior Technician
Technician
Administrative
PAYMENT SCHEDULE
$155.00 / hour
$135.00 / hour
$120.00 / hour
$110.00 / hour
$90.00 / hour
$75.00 / how
Page 4 of 9
Invoices for progress payments of the basic fee will be billed each month for services performed during
the prior month on a percentage of completion basis in accordance with the following schedule:
6
Design Development;+ 35�
Construction Document 40%
Bidding and Negotiation 5%
Construction Administration 20%
If this proposal is acceptable, please sign Part I and return one copy to our office. Signature of Part I also
acknowledges and accepts the terms and conditions set forth in Part II of this proposal. These documents
will serve as our contract for this project unless superseded by a standard form agreement. We appreciate
your consideration and look forward to working with you.
Sincerely,
Jaster-Quintanilla Dallas, LLP
Natalie Harvill. PE
Principal
Accepted by:
Brinkley Sargent Wiginton Architects
Date
JASTER-QUINTANILLA & ASSOCIATES, INC.
PROFESSIONAL SERVICES AGREEMENT
PART II -TERMS AND CONDITIONS
WHEREAS: This Professional Services Agreement Is made and entered Into between Brinkley Sargent Wiginton Architects (Client) and Jaster-
Quintanilla & Associates, Inc. (Engineer) a Texas Corporation. This Agreement consists of two parts: Part I - Proposal - Scope of Services and
Compensation. Part II -Terms and Conditions
ARTICLE 1: PROFESSIONAL SERVICES
1.1 Siarvices. In connection with the property described in
the Proposal ('Property'), Engineer shall render the professional
services ("Services") for the project described in the Proposal
("Project"} as outlined in the Proposal and any Amendments
1.2 Aareement. The Professional Services Agreement
Includes the Proposal dated July 17, 2015, Amendments to the
Proposal, and these Terms and Conditions (collectively, the
'Agreement").
ARTICLE 2: PROPOSALS
2.1 JMpe. The Proposals) shall identify the specific scope of
Services to be performed and the amount and type of compensation
for the specific services. Any services not specifically identified In
the Proposal are excluded unless added as additional services with
additional compensation to Engineer.
2.2 Acceptance of Agreement. Client shall authorize and
Engineer shall commence work upon Engineer's receipt of the
properly executed and signed Proposal(s), as may be amended from
time to time. If the Agreement is not executed by Client within
thirty (30) days of the date tendered, it shalt become invalid unless -
(1) Engineer extends the time in writing, or (2) at the sole option of
Engineer, Engineer accepts Client's oral authorization to proceed
with the services, in which event the terms of the oral authorization
shall be presumed to include all the terms of this Agreement.
Engineer's performance of the services under the oral authorization
shall be in re1ance on the inc union of all the terms of this
Agreement in the oral authorization and the effective date of the
Agreement Is the date of the Proposal.
ARTICLE 3: CHANGES
3.1 Chan s. The Engineer and Client may at any t,me, by
written amendment. make changes within the general scope of
individual Proposals) or relating to services to be performed. If
such changes cause an Increase or decrease in the Engineer's cost
of, or time required for, performance of any services under
Individual Proposals, an equitable adjustment shall be made and
reflected in a properly executed Amendment
32 Regulatory_ Chafes, !n the event that there are
modifications or additions to regu atory requirements relating to
the services to be performed under this Agreement after the date of
execution of this Agreement. the increased or decreased cost of
Performance of the services provided for in th.s Agreement and
subsequent Proposals shall be reflected n an appropriate Proposal
Amendment.
ARTICLE 4: THE TERM
4.1 Term. Engines- shall EP �etained by Client as of the date
Client executes the attached Proposal until the Services have been
fully performed or until the Engineer's Services are terminated
under provisions of the Agreement. Engineer will pursue
completion of Services in accordance with the timely complet on
specified in the Proposa and any amendments thereto. Engineer
shall not be liable or respons ble for any delays caused by
circumstances beyond Engineer's control.
ARTICLE 5: DUTIES
5.1 Access. Client will provide Englneer With access to the
Property or to any other site as required by EngineEr for
performance of the Services.
5.2 Client -furnished Data. Client shall provide all criteria and
full information as to Client's requirements for the Project,
designate a person to act with authority on Client's behalf in respect
to all aspects of the Project, examine and respond promptly to
Engineer's submissions, and give prompt written not!ce to Engineer
whenever he observes or otherwise becomes aware of any defect in
the work.
Client shall also do the following and pay all costs incident thereto:
Furnish to Engineer core borings, probings and subsurface
exploration, hydrographic surveys, laboratory tests and inspections
of samples, materials and equipment and similar data; appropriate
profess anal interpretations of all of the forego ng; environmental
assessment and impact statements; architectural a• other
engineering design documents, and any other information
previously made available to the Client, which may be required by
Engineer, all of which Engineer may rely upon the accuracy of In
performing its Services.
CI'ent shall provide such legal, accounting, independent cost
estimating and Insurance counseling services as may be required fo•
the Project, any auditing service required in respect of contractor(s)'
applications for payment, and any inspection services to determine
if contractor(s) are performing the work.
5.3 Other Information. Engineer will rely upon c:+mrnonly
used sources of data, including database searches and agency
contacts. Engineer does not warrant the accuracy of the
information obtained from those sources and has not been
requested to ndependently verify such information.
5.4. Ownership of Documents. All designs, drawings,
�peclfications, documents, and other work products of the Engineer
(collectively. the -Documents"), whether in hard copy or electronic
form, are instruments of service for the services and are owned by
the Engineer regardless of whether or not services are completed.
Reuse, change or alteration of the Documents by the Client or by
others acting through or on behalf of the Client is not permitted
without the written consent of Engineer. ANY REUSE, CHANGE OR
ALTERATION OF THE DOCUMENTS BY THE CLIENT OR THIRD PARTIES
S AT THEIR OWN RISK AND CLIENT AGREES TO HOLD HARMLESS
AND INDEMNIFY THE ENGINEER, iTS OFFICERS, PARTNERS,
EMPLOYEES, AND SUBCONTRACTORS FROM ALLCLAIMS, DAMAGES,
.OSSES, EXPENSES AND COSTS (INCLUDING ATTORNEYS' FEES),
NCLUDING, BUT NOT LIMITED TO, CLAIMS FOR ENGINEER'S
ALLEGED NEGLIGENCE, ARISING OUT OF OR RELATED TO SUCH
AUTHORIZED OR UNAUTHORIZED REUSE, CHANGE OR ALTERATION.
5.5. Reporting, Obl€gadfons. Client has responsibility for
complying with all legal reporting obligations. Nothing in the
Agreement prec'udes engineer from providing any notices or
reports that it may be required by law to give to governmental
entities
5..6 Laboratory Services. In performing services, Engineer
may make use of an independent testing laboratory. Certain testing
or laboratory services are the responsibility of Client or third parties.
Engineer will not, and Client shall not rely upon Engineer to, check
the quality or accuracy of the testing laboratory's services and
Engineer will rely on the accuracy of the testing or laboratory
services
JASTER-QUINTANILLA a ASSOCIATES, INC
PROFESSIONAL SERVICES AGREEMENT
PART 11- TERMS AND CONDITIONS
WHEREAS This ProfesConal Services Agreement is made and entered Into between Brinkley Sargent Wiginton architects (C)'ew) and Jaster.
Qulntanitla & Associates, Inc, (Engineer) a Texas •'nrporatlon. This Agreement consists of two part- Part I Proposa - Scope of 5ervlces and
Compensation. Part h • Terms and Conditions
ARTICLE 1: PRDFIESSIONALSERVICE5
1.1 SerAtes. in connection w4h the property described in
the Proposal ("Property"), Engineer shalt render the professional
services ("Services") for the project described in the Proposal
("project") as outlined in the Proposal and any Amendments
1.2 Agreement. The Professlonai Services Agreemens
Includes the PropoBal dated July 17, 2015, Amendments to the
Proposal, and thesr= Terms and Conditions (collectively, the
"Agreement")
ARTICLE 2: PROPOSALS
2.1 S, ggpe, The Proposalfsl shall icent€rsr the specific scope of
Services to be performed and the amount and type of compensation
for the specific services. Any services no- specifically identified in
the Proposal are excluded unless added as additional services w'th
additional compensation to Engineer.
2.2 Arcretarice of Agaili erre. Client shall authorize and
Engineer shall commence work upon Engineer's receipt of the
Properly executed and signed Proposai(s), as may he amended from
time to time, If the Agreement Is not executed by Client withir
thirty (30) days of the date tendered. it shall become invalid unless:
(1) Engineer extends the time in writing; or (21 at the sole option of
Engineer, Engineer a-cepts Client's oral authorizaricn to proceed
with the services. in which event the terms of the oral authorization
shall be presumed to inalude all ti)a terms of this Ag=er,menr
Engineer's performance of the services under the nr;l autho-ization
shall be in reliance on the inclusion of al the ter -its of to€s
Agreement in the oral authorization and the effective date of tiie
Agreement is the date of the Proposal.
ARTICLE 3: CHANGES
31 C_h s. The Engineer and Client enev at any time, by
written amendment, maize change= wlihin the general scope of
individual Proposal(s) or relating to s=Vices to be performed If
such changes cause an increase or decrease in the £l!gineer's cost
cf, or time required for, performance of any serrice; _nder
Individual Proposals, an equitable adjustment shat! be made and
reflected in a properly executed Amendment.
3.2 Ra ulato Changes. In the event that there are
modifications or additions to regulatory requirements relating to
the services to be performed under this Agreement after the date cf
execution of this Agreement, the increased or decreased cost of
performance of the services provided for in th r Agreement and
subsequent Proposals shall be refle.ted in an app-osriate Proposal
Amendment
ARTICLE 4: THE TERM
4.1 Term. Engineer shall be retained by Clien as of the date
Client executes the attached P-oposaf until the Se vires have beer,
fil k performed or urrti' the Englneer s services a -e term rated
under provisions of the Agreement. Engineer wi I pursue
completan of Services -n accordance with the timaly completion.
specified In the Proposal and any amendments thereto
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ARTICLE s- DUTiEs
5.1 &W,%, Client will provide Engineer with access to the
Property or to any other site as required by Engineer for
perfvrmante of the Serv-ces.
5.2 leen -furnished Data. Cllent shall provide all criteria and
U. information as to Client's requirements fo- the Project,
designate a person to act with authority on Client's behalf in respect
to all aspects of the Project, examine and respond promptly to
Engineer's submissions, and give prompt written notice to Engine@!
whenever he observes or otherwise becomes aware of any defect in
the work,
Client sham also do the following and pay all costs incident the.
to Engineer core borings, probings and subsurface
exploration, hydrographic surveys, laboratory tests and inspections
of samples, materials and equipment and similar data appropriate
professoriat interpretations of all of the forege'ng. env�r._nmenta
assessment and impact statements; architectural or other
engineering design documents, and any ether information
prey ously made available to the Client, which may be required by
Engineer, ail of which Engineer may rely upon the accuracy of In
performing its Services.
Client shall provide such legal, accounting, independew cost
estimating and Insurance counseling services as may be required for
the P, eject, any auditing service required in respect of contractors)
applications for payment, and any inspection services to determine
iFcontra_toets) are performing the work.
5.3 jeer--terfonnaiio_^;. Engineer will rely upon :ommoniy
used sr-urres of data, including datahase se arches and agency
contacts. Engineer does not warrant the accuracy of the
information obtained from those sources and has net been
requested to independently verify such Information.
55. Remartlne Obiirtations. Client has respcnsibility for
complying with 611 legal reporting obligations. Nothing in the
Agreement prec udes Engineer frcm aroviding any notices o-
reports the- it may be required by law to give to governmenta=
entities.
5.6 tayprat[rr, Rry es. In performing services, Engineer
may make use of 3n independent testing laboratory. Certair testing
or laboratory services are the responsibility of Client or third parties.
Engineer will not, and Client shall not rely upon Engineer to che6
the quality or accuracy of the testing laboratory's services and
Engineer will rel, on the accuracy of a testing or laboratory
services
,TS
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WITS
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5 7. Chartsted Cond€119ns, the Client shalt rely on the
Engineer's Judgment as to the continued adequacy of the
Agreement In light of ocrurrences or discoveries that were not
originally contemplated ixl or knovnn to the Engineer. Should
Engineer call for contract renegotiation, the Engineer shaft identify
the changed conditions necessitating renegotiation and the
Engineer and the Client shall promptly and in good faith enter into
renegotiation of this Agreement, if the terms canna be agreed to,
the parties agree that either party has the right tc terminate the
Agreement:
5.8 site Visit, All conclusions, opinions and
recommendations will be based upon site conditions at the Property
as they existed at the time of Engineer's site visa. Any report should
not be relied upon to represent conditions at a later date. This
paragraph does not obligate the Engineer to perform construction
adm;nistration services.
5.4 OvInians of Cost. Should Engineer provide any cost
opinions, I; €s understood that those opinions are based on the
experience and judgment of Engineer and are merely opinions
Engineer does not warrant that actual cost, will not vary from those
opinions because, among other things. Engineer has no control over
market conditions,
5.30 Construction Observation. if construction phase services
are induded In the Services, the Engineer shall pe. lodicalls;. vis t the
Project during construction to become generally familiar w'.t.i the
progress and quality of the contractors work and to determine if
the work is proceeding €� general accordance with the Contract
Documents. The Client has not retained the Engineer to make
detailed inspections or to provide exhaustive or continuous Project
review and observation services. The Engineer does not guarantee
the performance of, and shall have no responsibility for, the acts or
o-nissiosts of any contractor subcontractor supplier or any other
entity furnishing mater als or performing any work on the Project
Engineer shall not be �esponsibte for thr means, methods
techniques, sequences or procedures of construction selected by
contractor(;) or the safety precautions and programs incident to the
work of contractors), Regardless of the inclusion of construction
phase services as part of the Services any use of the word "inspect"
in any commursication re at: ng to ser: ices provided b} the Engineer
is understood to mear a genera v;suai ooservation and not a
deta!fad, scruVrilzed invest;gation ^f the ;rte or the contractor's
work
5.11 Y_LftMeAblFtY for Contractor's Work or Safety. The
Engineer does not guarantee the performance of, and shall have no
responsibility far, the acts or omissions of any contractor
subcontractor, Suppfer or any other arVty furnishing materials or
performing any work on the Project Engineer shall not be
responsible for the means, methods; techniques, sequences or
prccedures of construction selected by contractors) or the safety
precautions an t programa incident tc the trrork of contractorjE'
Engineer she I not be responsible for any contractor's failure to
comply with any taws, regulations, standards or ordinances relating
to the contractors performance of its work
5.12 P rml --hent i5 responsible for Qblaining and
comolying with all required permits or other approvals of, ani for
giving any required notices to, af€ governmental and quasi
governmental authorities having jurisdiction over the Servicas or the
Property. Before Engineer performs the Services, Client will provide
Engineer evidence satisfactory to Englna`c that all required permits
or other approvals have been obtained and that all required notices
;.ave been given. Client will provide to Engineer conies of any such
permits of any+ such notices, together with any other relevant
information thait wril! alert Engineer to the requirements of such
permits, approvals: or notifications.
5.13tai. tart. In oroviding services under thl:;
Agreement, the Engineer shall perform in a manner consistent with
-hat degree of tare and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances at
the same time wind in the same or similar locality
5.14 Thlyd-Part Bejdc€�r es 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 Client or the
Engineer, The Engineer's Services under this Agreement are being
performed solely for the Client's benefit, and no other party or
entity shall haua any claim agairts` the Eng near because of this
Agreement or the performance or nonperforna;,ee if services
hereunder.
h=_ __
5.35 Accessibility ComoliaMe, Various federal and state
statutes such as the Americans with Disabitities Act, Fair Housing Act
and Texas Architectural 8arrler9 Act may be applicable to the design
and construction of the Project. Notwithstanding anything to the
contrary in this Agreement, Engineer does not represent, warrant or
gtmrarity that the Engineer's design will comply with all
interpretations of these statutory requirements and/or
requirements of other federal, state and local laws; rules, codes,
ordinances and regulations as they may apply to the Project.
516 Fas Trick Pra acts. this clause 5.16 only applies if a fast
tack process is identified as part of the scope of Engineer's Services
or is required due to changes in the Project after the effective date
of the Agreement. in consideration of the benefits to the Client of
employing the fast track process in which same of the Engineer's
Services overlap the construction work and are out of sequence with
the trad€tlonal project delivery method, and in recognitian of the
Inherent risks of fast tracking, including but not lim€ted to design
conflicts and errors and omissions, Client agrees to waive ail claims
against tate Engineer for damages or costs relating to design changes
and modification of portions of the contractor's work due to the
Client's decision to employ the fast track process Client fu-ther
agrees to compensate Engineer for all Additional Services that arise
as a result of the fast track process
ARTICLE 6: COMPENSATION fOR SERVICES
6 '_ Compertsatlan for Services. Engineer s compensation, fc,
services sha!I be set forth In Individual Proposal(s).
6.2 [ mponsaVon. Client agrees to pay Fnghreer for
Services it accordance with the Agreement. Expenses directly
related to these Services, including reproduction, travel, long
d -stance telephone bill, _xpresS mai .=pecial deliveries znd
subcontractor expenses shall Include a ten percent (10%1 markup an
cost unless these costa have beer included in individual proposals
6.3 Payagrits. Engineer w11 Invoice Client monthly in
accordance with the terms and conditions of the Proposal, and
amendmentl,$) to, 4ervlces an.1 reimbursabies Client agrees tc
promptly par' Engineer at its office at 1608 wast Sixth Street, Suite
500, Austin, Texas 78703, the fu I amount of each such Invoe upon
receipt. 'n no event shall Engineer's failure to bill monthly
constitute default :.nder the terms and conditions of this
Agreemont
64 E&s_and tljo_To. Sale=_ Tax must bin_-:ollected on
Surveying Fees for the establishment of Rea; Proper"ttr Boundaries
and determining the location of structures or improvements In
relation to the boundaries. Charges for prints aro reproductions are
also subject to the Sales Tax. 5ales Tax shall be pe- the current
applicable governing authority tax rates In the event subsequent
taxes are levied by Federal, State, or Local authoritles, -elating t --
-the
the services in writng and such modifications as are required shall
be made a pan of thi; Agreement.
r'
s
0.6 Inttgr st Payments due and unpaid to Fng€rater under
S
the Agreement shalt bear interest at the rate
required b, law;
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ARTICLE 7. TERMINATION OF SERVICES
7.1 Termination. This Agreement may be terminated
without cause at any time prior to completion of Engineers services,
either by Client or by Engineer, upon seven (71 days written notice
to the other at the address of record Upon receipt of written
notice from Client to discontinue work the Eng -sneer shat:
discontinue work under this Agreement Such termination shall
release Engineer from any further obligation to provide Services tp
Client on this Agreement, but all obligations of Client shall continue.
In the event Client terminates the Agreement based on Client's
reasonable opinion the Engineer has failed or refused to prosecute
the work efficiently, promptly or w.th diligence, the Engineer shall
have ten (101 days, from the receipt of written notification by Client
to cure such failure to perform in ac-ordance with the terms of this
Agreement or Proposaf(s)
Lp 5a&0990 AW-Wkil! sell'
7 Com+ aensatfon In Event of Terrrimatlon, Upon
termination, by either Client or Enginee�, Client shall pa; Engineer
with respect to all contracted Services rendered and expenses
incurred before termination
t _
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ARTICLE 8; RELATIONSHIP OF PARTIES
81 IM.0 ggridest Contractor It is uaderStoue that th,
relationship of Engineer tv Client shall be that of an independent
cant-actof at all rimes during the performance of this agreement
and no provision ar obligation expressed or implied in this
agreement shall crepte an employment, agency or f duciary
relatlonshi,c- iveither Engineer nor empinyec5 of Englnee: shall br
deemed to be emp)ryees of Client
9.2 k, 2-QJjf Lvion. Engineer shall not be required to sign
any documents, that would result In Engineer having to certify
guarantee, or warrant the existence of conditions whose eyistenca
Engineer cannot ascertain The Client also agrees not to make
resolution of any dispute with Engineer or payments of anv amount
due to Engineer in any way contingent upon Engineer's signing any
such certification
9,3 MR&A 9Z "413119dW M81tdills. It is 20nowlec4ed by
both parties that Engineer's scope of services does not indude any
services related to asbestos or hazardous or toxic materials. In the
event Engineer or any other party encounters asbestos or haiardous
or toxic materials at the Property, or should it become known in any
way that such materials may be present at the Property or any
ad(acent areas that may affect the performance of Engineer's
Services, Engineer may, at as option and without liability for
consequential or other damages, suspend performance of Services
on the Project until the Client retains appropriate specialist
consuitant(s) or wntractor(s) to identify, abate, and/or remove the
asbestos or hazardous OF toxtc materials and warrant that the
Property is in full compliance with applicable laws and regulations.
94 Delays. Erg -nee- is not responsible for delays caused by
factors beyond Englnews reasonable control, including but not
limited b delays because of strikes, lockouts, work slowdowns or
stoppages, accidents acts of God, failure of any governmental or
other regulatory atithority to as in a timely manner, failure of the
Client to furnish timely information or approve or disapprove of
Engineer's Services or work product promptly, ar delays caused by
faulty performance by the Client or by contractors of arry level.
�.
In the
event such delay exceeds ninety J901 days, Engineer shall. be entitled
tr an extension of timr: equal tc ;he decay and an equitable
adjustment in compensation In the event Engineer Is delayed by
the Ctent and Such delay exceeds thirty (30i days, Enginee• shall be
entitled la an extension of time equal to the delay and an equitable
adjustment in compensation.
any re.�u:oed Item or component of the
n Engi documents, Engineer shalt a responsible for
Ing the cast is a tem . ponent to the extent that
I item a° camponen n otherwise necessary to
Project or ^' rse adds wake car bette the Prgev. !n
Engi,aesr bL� responsible for any rest or
ARTICLE io: W.ISCELtAPJEWS.
1:11.1 Enti rlL'A rm. The Aureemew. contains the entire
agreement between Engineer and Client, and no c*al statements or
prior written matter shell be of any force ora ren~. ?he Agreement
may be modified only by written document executed bil bath
parties.
10.2 Modifcaticns. No onA has authority to make variations
In or additions to. the terms of this Agreement on behalf of
Engineer other than ane of its officers, and then on"y in writhg:
10.3 ftyllink1jaw. The Agreement shall be governed by
and construed in accordance with the laws of 'he State of Texas.
t at r ,:
b pe "t erform unty, Texas, an
e venue of an a in
10.5 Saverabiiity- if any provision of the Agreement is held to
be illegal invalid or unenforce..able under present or future laws,
such provision shall be fully severable and the Agreement shall be
construed and enforced as if such illegal, invalyd or unenforceable
prevision Is not a party hereof, and the remaining provisions shall
remain In full foree and effect. in lieu of any illegal, Invalid or
unenforceable pravis'-wi., there shall be added automatically as a
part of the Agreement, a provision as similar in terms tc su:h ]le$a'•,
invalid or unenforceable provision as may be possible and be legal,
valid and eniorceable-
r
at a rid, if it so chaoses, its counsel hav r an
t ised the Agreeme e n o const-ualon
e effect that any are olved agaiest th
aftin I- a; not be employed in the inter- rr of th
10,7 Successor and Assigns Client, for himself and partners,
If any, and Engineer- for Itself, each binds himself or itself and its
successors, executors. administrators and assigns to the other parer
to this Agree-rwert znd to partners. successors, executc,s,
�- —3
f�
administrators and assigns of such other party In respect to all
covenants of this Agreement, Neither Client not Engineer shall
assign, sublet, or transfer his interest in this Agreement without the
written consent of the other, Nothing herein shat, be construed as
giving any rights or benefits hereunder to anyone other than Client
Ncthing In Agreement restricts Engineer's ability to hire
subcontractor In connection wah the Services. The Services and any
report prepared under this Agreement are for the sole benefit and
sole use of Client and are not far the use of any other person, "
_4
Jheuestion arising out of or related to the Agreement of t
s provided thereunder shall be subject to arbitration,
arbi tion, the parties shall endeavnr to resolve all dis ales
ediation. !a€ms disputes and other matters €n questi betwe
pontes t are not resolved by mediation shall _detlded
bitration whfc nless the parties mutually agre ±herwisesf
e in accordsncew the Construction Indust rbitration Rules
e American Arbitra n Association cu, ntly in effect. i
mand for arbitration sh be filed in ing with the other pa
the Agreement and with Am can Arbitration Assoc'at.;
o arbitration arising out of a ating to the Agreement �t
Vproceecftngs
, by consolidation 7r ode er in any other mannerr
al person or �ntir of a pa to this Agreement T
g agreement to lbitration shall speclfical'y er,fo.rceal
rdance with licable Saw In any co t having jurudictic
ard render by the arb'trator or arbitr -•rs sh2!I be f;n
gment y 6e entered upon it in accordant iEh appiical
ny c -t having jur€sdictini
edl 14 n Any c aim, dispute cr other utter
arising out of or related to this Agreement shall b ubji
inding me d:atiar as a condition precedent to the inst ti
proceedings by either party. If such mcrtrer re[�tes to
1x"31 g -MUX WtW EX 141*C ` A {
6. he lien notice or filing deadlines prior to resoluti
t mediation or other "egal praceedinIlls.
h party agrees to include a + ar medlar
rision in a regiments with Indepe nt contractors <
sultants retalne the Project a require all independ
tractors and consult also include similar medial
risions in all agreements heir respective subcantrattr
pliers, and subconsulta they providing for mediation
initial method for ute resolution ween the parties to
;e agreements.
The les shall share the mediator's and any Ell
equ811 he mediation shall be held in the cc where
,It seated, unless another location is mutually ag d up
eats reached in mediation shall be enforcea
10.10 E g-Marranty. E, gineer makes no warranty, either
exp-essed or implled, as to Engineer's findings, recommendations,
d•awings, specifications, or professional advice. Any warranties or
g-Warantees conta'ned Fn any purchase orders, certifications,
requisitions, or notice: to proceed issued by the Client are
specifically objected to and excluded. ,
�.ga.er�+tcre.�4g` ii�iilee�C�i+4�ilyrQ;
10.11 Imm wal of Pr vi o . Termination of the Services for
any reason whatsoever shall not affect {aj any right or obligation a-'
any party that is accrued or vested prior to such termination, and
any provision of the Agreement relating to any such right o+
obligation shall be deemed to survive the termination of the
Services or (bj any continuing obligation, liability or responsIE Wty of
Engineer and of Cliert which would otherwise ;ufvive terminalian a`
the Services.
10.12 Cnrmote Liability. Client understands ant., agr-ees ma*
Engineer is a business entity that has contracted to perform ser. -ICES
and any services provided by Engineers employees, agents,
partners, members or officefs are not provided in their individual
=pacity. Client will not make any claim or demand against any of
Engineer's emt'loyees, officers directors, members, partrnars or
affiliated business entities.
CMO OF PROFESSIONAL SERVICES AGREEMENT
April 15, 201E
Brinkley Sargent Wiginton
5000 Quorum, Suite 600
Dallas, TX 75254
Attention: Mr. Tony Jeffry
RE: Lubbock EOC Facility Proposal No. 15-773
Lubbock, Texas
MD Engineering, LLP (MD Engineering) is pleased to submit a proposal to Brinkley Sargent
Wiginton (Client) to provide professional Mechanical, Electrical and Plumbing (MEP) Engineering
Services for the above referenced project. The following proposal documents our understanding
of the scope of the project, our services, contract terms, and fee. This Proposal/Contract will
constitute an Agreement between Brinkley Sargent Wiginton (Client) and MD Engineering.
SCOPE OF SERVICES:
This project, located in Lubbock, Texas will consist of industry design standard MEP services for
approximately a 13,500 square foot emergency operations center located adjacent to the Lubbock
Administrative Offices. Mechanical work will include a heating, ventilation and air conditioning
(HVAC) systems, plumbing, and fire protection. Electrical work will include normal and emergency
power distribution, lighting, exterior lighting for building elements and parking areas, lightning
protection system, fire detection and alarm system. The Fire Protection and Fire alarm systems are
performance specification items. Basic Services include performing a Mechanical and Lighting
Energy Compliance Check. If third party verification is required, MD Engineering can not provide
this service. Construction Administration services shall include four site observations.
MD Engineering's scope of services is further clarified as follows:
1. Special systems such as communications; computer networks; telephone; and sound,
including cabling, etc., will be designed by specialty consultants. Basic services include
environmental, power and empty conduit/raceway requirements, based on the information
provided. Power/Signal outlet Plan(s) will indicate any special outlet/power requirements.
This includes copiers, clean power, details for pre -wired furniture systems, etc. Outlets not
so designated will be circuited as normal convenience outlets. Where special outlet
locations are required, all necessary dimensioning will be shown by the Client on the
Architectural documents.
2. Landscape irrigation and landscape lighting will be designed by a specialty consultant.
Documentation and circuiting of exterior lighting designed by others is included in MD
Engineering Basic Services.
Brinkley Sargent wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 15, 2015
Page 2 of 9
3. Design of the following systems will be provided by other Consultants and is excluded from
MD Engineering Basic Services.
a. Civil Engineering i.e., site drainage, extension of utilities to within 5 feet of the
building, relocation of any existing utilities, off-site utility work, etc.
b. Acoustical Engineering
M
FEES fi'l s D
Nb
MD Engineering will provide the above Basic Services for a stipulated design fee of taa*-9iwao
05 -thcw— dollars ($ 51,300) based on the scope listed above. Should the budget or scope of work
change more than 15% MD engineering shall seek additional compensation.
Design Development .,itoo@ 3510 11155 W4
Construction Documents aw*f� t5,48Bj 76% 1'l, °l5 S Wf
Bid and Award ,rq6 0.4 3 617 11W
Construction Administration - 4 w4, � Z`E' a/ 1213 ! 7WU
Total Fee $ 51,300
BASIC SERVICES shall include the following:
Contract Documents including Drawings and Specifications, as defined to below, to include the
following submittals:
1. Drawings -
. MD Engineering will provide CADD-plotted reproducible
drawings at the various submittal levels as required. The Client will be responsible for the
reproduction of all submittals.
2. Specifications - MD Engineering will provide technical specifications for the project using the
MD Engineering's format and Microsoft Software. Technical specifications will be
coordinated with the Owner's General Conditions (Front End) and with Client's Division 1
Specifications if supplied to MD Engineering prior to 95% completion.
M IProposaMProject ProposalslBSW\Lubbock EOC Proposal.docx
PM -
Brinkley Sargent Wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 15, 2015
Page 3 of S
CI•"' ai-D3 k3�stC�I�I bv%��r�'r
�" ha�ig�-scope of Work shall consist of:
1. CADD-plotted floor plans and sketches focusing on spatial requirements of MEP equipment
and mechanical and electrical room block layouts. Equipment capacity calculations will be
based on square footage and function. Layout of ductwork, lighting fixtures, power outlets
or other equipment outside the mechanical and electrical rooms is not included.
2. System Descriptions:
a. Design criteria narrative describing the basis of HVAC, plumbing and electrical load
estimates.
b. Mechanical, electrical, plumbing, and fire protection system descriptions in the form
of an system narrative that provides the following:
• HVAC system types, approximate air handling unit capacities, and overall
building tonnage. Calculations will be based on square footage and function.
• Electrical distribution system type, voltage, and approximate building electrical
load. Calculations will be based on square footage and function.
• Anticipated lighting system and fixture types.
• Plumbing system type, approximate capacities, and fixture descriptions.
• Fire protection system type.
3. Provide verbal question and answer assistance to the Cost -Estimating Consultant to
clarify system types and probable materials.
4. Attend design team meetings with architect, owner, and other required consultants to
develop system concepts and establish mechanical equipment space requirements and
optimization of the equipment room locations. Identify MEP requirements and locate all
Owner -furnished equipment prior to the start of the Design Development phase.
Design Development
This submittal shall be based upon a single approved Schematic Design Concept. The Scope of Work
shall consist of:
1. Systems narrative for the mechanical, electrical, plumbing, and fire protection systems, and
shall include:
M:TroposalsTroject Propo5al5SSWlLubbo& EOC Proposal_dom
Brinkley Sargent Wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 15, 2015
Page 4 of 9
a. HVAC system descriptions including major equipment quantities such as air handling
units, diffusers, and pumps. The system descriptions will indicate capacities,
manufacturers, model numbers, and features.
b. Electrical distribution system descriptions including major equipment quantities
such as switchgear, distribution panels and outlet devices. The system descriptions
will indicate capacities, manufacturers, model numbers and features.
C. Lighting system descriptions including fixture quantities or quantities per square
foot. The system descriptions will indicate manufacturers, model numbers and
features.
d. Plumbing system descriptions including major equipment quantities such as water
heaters, pumps, backflow preventers, etc. The system descriptions will indicate
capacities, manufacturers, model numbers, fixture types and features.
e. Fire protection system descriptions.
2. Manufacturers' technical descriptive bulletins (cut sheets) will be provided for the key
components of the mechanical, electrical and plumbing systems.
3. CARD -plotted drawings and sketches showing the following:
a. Layout of major mechanical and electrical equipment in mechanical rooms.
b. Routing of main supply ductwork where structural and/or architectural coordination
is required, to indicate zoning. Layout of lateral ductwork is not included.
C. Layout of supply and return air diffuser locations for typical areas.
d. Layout of typical lighting fixture locations and switching configuration of non-
standard areas.
e. Site plans indicating transformer location and primary electrical conduit routing.
f. Layouts of power, telephone, data and other outlet locations.
4. Provide verbal question and answer assistance to the Cost -Estimating Consultant to
clarify system types and probable materials.
MAProposalsTroiect ProposalslBSWUbbock EOC Proposal.docx
Brinkley Sargent Wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 15, 2015
Page 5 of 9
50% Construction Document (intermediate Submittal)
This submittal will be based upon a single approved Design Development submittal. The intent will
be to provide information required to coordinate key interdisciplinary areas of the work and to
update construction costs. The Scope of Work shall consist of:
1. Progress CADD-drafted floor plans and CADD-plotted sketches of details where required for
interdisciplinary coordination.
2. Project specifications.
3. Provide verbal question and answer assistance to the Cost -Estimating Consultant to clarify
system types and probable materials.
4. Attend formal design team meetings to coordinate between disciplines.
1000A Construction Documents
This submittal shall be based upon a single approved 50% Construction Document Design submittal
and shall consist of:
1. CADD-drafted construction drawings.
2. MEP specifications.
Biddin
The bidding phase shall consist of:
1. Attending pre-bid meeting at the site.
2. Responding to RFI's and Issue Addendum
Construction Phase Services
The construction administration phase shall consist of:
1. Four (4) site visits will be provided during construction. Four schedule site visits will be
conducted to observe rough -in, above ceiling, pre -final punch, and final punch confirmation.
Additional visits will be provided at hourly rates according to our published Professional Fee
Schedule in effect at the time the work is performed.
2. Standard shop drawing and submittal review services to include one (1) initial submission
review, and one (1) re -submission review, as required in the project specifications.
M IProposals\Project Proposals\BSW\Lubbock EOC Proposal docx
Brinkley Sargent Wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 15, 2015
Page 6 of 9
CONTRACT CONDITIONS
1. Contact terms:
It is expected that an AIA Document C401-2007, "Standard Form of Agreement
Between Architect and Engineer", will be entered into prior commencing work. The
terms of this proposal shall be included in the language of the contract. If a contract
is not executed at the time work commences, we will proceed with the
understanding that an AIA 0401 will be incorporated unless written notice to the
contrary is received..
b. In the event the project is abandoned or not carried to completion, our services for
that portion of the work, which has been completed, will be paid for a�j ,44wua,,W4
C. The Contract Drawings and Specifications or reproduction of them, in whole or in
part, shall not be used on any other project without the written approval of MD
Engineering.
2. Professional liability Insurance Coverage:
All members of the design team will carry professional errors and omissions
insurance for the amount of $1,000,000 dollars, minimum.
3. Client Responsibilities:
a. Industry standard design team leadership and coordination of responsibilities
between design team members. The Client shall be the general administrator of the
professional services for the Project, and shall facilitate the exchange of information
among the consultants retained by the Client, as necessary for the coordination of
this part of the Project.
b. Except as authorized by the Client, all communication between MD Engineering and
the Owner, Contractor or other consultants for the Project shall be forwarded
through the Client.
C. Provide a reasonable schedule for deliverables and project milestone deadlines for
all consultants at the start of the project in order for MD Engineering's services to be
performed in a manner, sequence and timing that coordinates with those of the
Client and other consultants for the Project.
M.TroposaIMProject ProposalslBM-ubbock EOC Proposal.docx
Brinkley Sargent Wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 15, 2035
Page 7 of 9
d. Order and provide required completed copies of the Owner guidelines and design
criteria. MD Engineering will provide technical direction to identify the required
information.
e. Identify the presentation format for design narratives and design analyses at the
start of the project. MD Engineering will endeavor to comply with these formats.
f. Monitor the Contractor during construction to assure compliance with the "Record
Drawing" requirements of the MEP specifications. MD Engineering will provide
reasonable assistance coordinated with scheduled site visits. The ability of the
Design Team and MD Engineering to comply with the Owner's "Record Drawing"
requirements will be dependent upon the accuracy and quality of the documents
prepared by the Contractor. Preparation of "Record Documents" from information
that does not comply with the MEP specifications is not included in Basic Services.
g. Construction Documents will be CADD prepared. Client will furnish electronic files in
AutoCAD format with companion hard copies (i.e., plots). MD Engineering design
work will be prepared in these files, and they will become the basis for the respective
mechanical, plumbing, and electrical Construction Documents. floor plan revisions
will be processed in a similar manner. Coordination information shall be provided to
MD Engineering on one (1) set of clearly marked blueline prints or clearly indicated
in the electronic file by "clouding" showing the changes. Opie (I) se, ..t
W
h. Communicate the stage of construction regularly to enable MD Engineering to
schedule site visits at rough -in for the mechanical, plumbing and electrical trades.
Provide MD Engineering a minimum of three (3) working days' notice prior to
unscheduled site visits or meetings during construction
Prepare agenda for all design team meetings and provide to MD Engineering at least
three (3) working days in advance of the meeting. Schedule MD Engineering
involvement to minimize meeting times. Attendance at unorganized meetings or
meetings that are not relevant to MEP services may result in Additional Services
ADDITIONAL SERVICES
Any services not included as basic services will be considered additional services. Additional Services
are billable at the hourly rates specified in addition to the fees for Basic Services. The following
items are not included within the scope of services listed above and will be considered additional
services:
MIProposalsTroject ProposalsV3SVUILubbock EOC Proposal.dom
Brinkley Sargent Wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 15, 2015
Page 8 of 9
1. Revisions) of previously approved drawings
2. Reports/Studies of energy and utility costs or life cycle analysis
3. Development, evaluation and preparation of detailed construction cost estimates
4. Environmental studies or investigations
5. Special provisions for insurance carriers' review
-date ekioc�� I
7. Detailed mechanical, electrical, plumbing and fire protection load calculation reports
8. Additional documents and revisions to documents after the completion date of documents
9. Project observations, site visits and other construction services during construction not listed
above
10. On-site project supervision
11. Conferences and project visits for coordination of construction among subcontractors
HOURLY RATES
For the purpose of this Agreement, our standard hourly rates as, indicated on the following
Professional Fee Schedule is hereby made part of this Agreement. These rates are periodically
updated and are subject to change upon advance written notice.
Principal
$ 180.00
Sr. Engineer
$ 155.00
Engineer/Sr. Designer
$ 130.00
Designer
$ 95.00
Technician
$ 60.00
REIMBURSABLE EXPENSES
Reimbursable expenses are billable in addition to the fees for Basic Services. Travel expense outside
the metroplex, delivery charges, plotting, and printing costs will be reimbursable at our invoice cost
PAYMENT
Invoices to be submitted monthly based upon an estimated percentage of completion with payment
due not later than five (5) working days from date of payment by Owner to Client. Invoices unpaid
ninety days after receipt of invoice, shall bear interest at a rate of 1% per month until payment is
received. Ua'
MAProposals\Project Proposals0SWIubbock EOC Proposal_docx
Brinkley Sargent Wiginton
Attn: Tony Jeffry
Proposal # 15-733
April 1.5, 2015
Page 4 of 4
Thank you for the opportunity to submit this proposal. If this proposal is acceptable, please return
of a copy of this Agreement with your signature as acknowledging your acceptance of this
Agreement as a firm Contract between MD Engineering and Brinkley Sargent Wiginton. This
proposal will be honored thirty (30) days after date of issue and will be subject to re -negotiation
after that date. We look forward to working with your firm on this project.
Sincerely,
MD Engineering, LLP ACCEPTED:
kln9c�� By:
Michael Smith, PE LE£D"AP
President
Date:
M: IProposalsWroject Proposalsl135lMLubbock EOC Proposal.dom
JD Engineering
The Benchmark
July 14, 2015
Anthony Jeffry, AIA
WHJ Architect
500 North Central Expressway, Suite 300
Plano, TX 79074
(972) 665-0657
Re: Lubbock EOC Engineering Services
Dear Mr. Jeffry:
The proposed total cost for the referenced project is as follows:
1. Task 1- Engineering Design Services:
Exhibit
J
1.1. Provide Paving, Grading & Drainage Design according to City $5,500
of Lubbock Standards and Specifications. This includes a site
grading plan, site dimension control plan, site jointing plan (if
required), and any meetings with the city as required for approval.
1.2. Provide Site Utility Design according to City of Lubbock $4,500
Standards and Specifications. This includes a site water plan
& a site sewer plan and meetings with the city as required for
approval and coordination of dry utilities with local utility
companies as required by site improvements. This item does
not include any off site water and sewer main improvements
that may be required by City of Lubbock.
1.3. Provide Storm Water Pollution Prevention Plan. $1,000
Total: $11,000
The above costs do not include City of Lubbock review fees, pro -rata or adjacent
main fees or any other fees payable to the City of Lubbock or other agency for
review or approval of the above referenced project. Any work beyond the scope of
work shall be negotiated under another agreement based on the attached standard
fee schedule. Please call if you have any questions concerning this proposal.
Wellington I Amadilo I Wohlorth I Wdiand
ph; 808.7912300 328 E. HWY 62 Unit No. 1 Wolftorth, TX 79382 Pax: 806.791,2301
www.OJOengineerfng.com
JD Engineerin
The Benchmark
Sincerely,
Ben Lewis, P.E.
OJD Engineering, LP
Engineering Firm #4393
Surveying Firm #10193983
Accepted.
Date,
WaUglon Anwillo ! Wolfforth I Midland
ph- 806.791 2300 328 E HWY 62 Unit No. 1 WoNforth, TX 79382 fax; 606,791.2301
www OJDangineedng. cam
OJD Engineering
The Benchmark
STANDARD FEE SCHEDULE
2015
Senior Principal
$230/hr
Principal
$200/hr
Senior Professional Engineer
$160/hr
Professional Engineer
$140/hr
Senior Registered Professional Land Surveyor
$180/hr
Registered Professional Land Surveyor
$1301hr
Engineer -in -Training
$100/hr
Senior Engineering Technician/Designer
$110/hr
Engineering Technician/Designer
$80/hr
Surveyor -in -Training
$95/hr
Survey party chief
$100/hr
Senior CAD Technician
$90/hr
CAD Technician
$85/hr
Survey Technician
$55/hr
3 -Man held crew (Total Station/Level)
$175/hr
2 -Man field crew (Total Stabon/Level)
$155/hr
Senior Admin. Staff
$70/hr
Admin. Staff
$55/hr
GPS receivers (min 2 units)
$35/hr/unit
Meals
$40/man/day
Lodging
$125/man/day
Mileage
$.65/mile
Copies(letterAegal size)
$.35/sheet
11"X17" copies
$.501sheet
Billing rates may be adjusted by up to 5 percent annually (at the
beginning of each calendar year) during the term of any
agreements.
Wetlington I Amarillo I Wolffodh I NBdland
ph. 806.7912300 328 Ee KWY 62 Unit No. 1 Wotfforth, TX 79382 fay 806.7912301
www.OJDengineering.com
Exhibit
+CJD Engineering K
The Benchmark
July 14, 2015
Anthony Jeffry, AIA
WHJ Architects
500 North Central Expressway, Suite 300
Plano, TX 79074
(972) 665-0657
Re: Lubbock EOC Surveying Services
Dear Mr. Jeffry:
The proposed total cost for the referenced project is as follows:
1. Task 1- Topographic Surveying Services.
1.1_ Verify property lines and locate any structures, visible utilities, utilities
marked by Texas811 and show City of Lubbock utilities according to their
GIS. Locate any other improvements including but not limited to parking
areas, curbs, sidewalks and drainage structures within the affected area of
the proposed improvements. JUs
location of easements that may encumber the property. ARZ-- WCLaune-o 14 5uWO-T.
t3,ovt0A&)-( SUMUMY IS N.dr 1wckWSO. ez-:�
� Total:$3rGQ9
+t ado 3,415
The above costs do not include City of Lubbock review fees, pro -rata or adjacent
main fees or any other fees payable to the City of Lubbock or other agency for
review or approval of the above referenced project. Any work beyond the scope of
work shall be negotiated under another agreement based on the attached standard
fee schedule. Please call if you have any questions concerning this proposal.
Sincerely,
Ben Lewis, P.E. .._-)
OJD Engineering, LP
Engineering Firm #4393
Surveying Firm #10193983
Accepted:
Date:
Wepin&n I Am dKo I Wolffadh I Midland
ph: 808-791.2300 328 E. HWY 62 LIM No. l WdffoM. TX 793x2 fax' 808.791.2301
www Wo ergineefing.com
CJD Engineering
The Benchmark
STANDARD FEE SCHEDULE
2015
Senior Principal
$230/hr
Principal
$20Mr
Senior Professional Engineer
$160/hr
Professional Engineer
$140/hr
Senior Registered Professional Land Surveyor
$180/hr
Registered Professional Land Surveyor
$130/hr
Engineer -in -Training
$1001hr
Senior Engineering Technician/Designer
$110/hr
Engineering Technician/Designer
$80/hr
Surveyor -in -Training
$95/hr
Survey party chief
$1001hr
Senior CAD Technician
$90/hr
CAD Technician
$85/hr
Survey Technician
$55/hr
3 -Man field crew (Total Station/Level)
$175/hr
2 -Man field crew (Total Station/Level)
$155/hr
Senior Admin. Staff
$70/hr
Admin. Staff
$55/hr
GPS receivers (min 2 units)
$35/hr/unit
Meals
$40/man/day
Lodging
$125/man/day
Mileage
$.65/mile
Copies(letterflegal size)
$.35/sheet
11 "X17" copies
$.50/sheet
Billing rates may be adjusted by up to 5 percent annually (at the
beginning of each calendar year) during the term of any
agreements.
Wallington I Ama to I Wolfforth I Midland
ph 808791.2306 328 E HWY 62 Unit No 1 WaltTarth, TX 79382 faic 808.791.2301
www odaengheering.com
April 30, 2015
SCHULTZ2 ARCHITECTS, LLC
Toni- Jeffry, Vice -President
Brinkley Sargent NViginton Architects
5000 Quorum
Suite 600
Dallas, Teras 75254
Re- Proposed Consulting Service4 for
Tornado Shelter Peer Re% ie%% Sen ices
Cin of Lubbock .\epi EOC
Dear Tom.
::ELx:1!bit
Consulting Services Proposal
Thank wu for the opportunity to xwrk «ith Brinkley Sargent Wiginton Architects. herein
referred to as Client. on this project.
Please find herein the ten -ns and conditions for oar consulting sen ices as outlined. If this
proposal is acceptable. please sign and return one cop} to us.
Project Scope
This proposal is based on the follo�Ning scope of «ork:
Schultz Squared :Architects LLC. herein referred to as Consultant will proN ide tornado
shelter peer review services for the \e« City of Lubbock Emergew, Operation Center
which %%ill consist of a 13.200 square foot. slab -on -grade. single stor} stricture located
directic adjacent to the Cita of Lubbock"s Central Fire administration Facilit-,. The
building N% ill include a communications. dispatch center. a large dig idable situation
room. break-out conference rooms. office spaces and support spaces. The entire
structure shall be designed and constructed to «ithstand tornadic forces and meet the
requirements of the ICC 500-2014. Peer re, ie�i sen ices «ill consist of architectural
and structural items anal%zed per the requirements of ICC 500-201.1. chapters 1.2.3.4-
5. 6 & 7. No FENL-� grant funding is being utilized for this project therefore. the FEMA
P-361 «-ill not be used for basis of peer rev ie«.
5999 N. AMIOON AVE. STE 373. MCKTA. K5 67203
P:316-425-7745 F: 316-425-7753
WWW. sCH u LTTSGUARED.COM
Page 2 of
Lubbock EOC Peer Review Services
April 30. 2015
Shelter peer review services including both architectural and structural shall include but
not be limited to the follmNing:
a One site meeting (Lubbock) -,,ith Fire Department and Emergency Operations
representatives. A/E team (Architects. Structural. Mechanical. Electrical. and
Plumbing Engineers) to discuss design concepts and requirements.
a Periodic video conference meetings -with the AIE team during the design and
documentation phases of the project. INieetings «•ill be on an as -needed basis
determined by the AT team.
a Q A as needed during the design process.
a Post -Design Development Phase and 75qo Construction Document Phase peer
re-iev; shall be conducted by Consultant. Deliverables vvilI be a peer rev ie«
form addressing items that do not meet the intent of the ICC 500-2014 and or
desian recommendation.
a Upon request. assistance writing the Tornado Shelter Management Plan for use
by Cin- of Lubbock.
Senices not proAided
Consulting, services not pro- ided include, but are not limited to: project planning, project design.
construction administration. other code related issues. Civil denim and revie--.
communication technolom desi�,,n and rev ie%-. and other architectural. engineering ser- ices not
listed under Project Scope above.
Fee
Architectural S150/hour plus reinibur&ible expenses
Structural S185/hour plus reimbursable expenses. &
51 wwo Tb a si"v Houga 7'a 4 botAw am FE aF Z,.,
Reimbursable Expenses PJ�N caMy SWLtZ ItMA JL bATW -7/0-5, %IS S
Expense for vehicle mileage. meals. airline travel, lodging. tra-eI time. plots, reproductions_
photograph%. postage. Nveb based conferencing charges. and lone distance telephone charges
including faxes, -,,ill be billed as a reimbursable expense. mss,: __1 , 3 _—
' Consultant ,,,ill endeavor to ]seep these expenses to
a minimum. 14ft-5
Pa}-ment
Regular months,, payment shall be made based on the v,,•ork completed b_. the Consultant within
30 days of Cliem*s receipt of Consultant's invoice. amount unpaid 60 day s after the invoice
date shall bear a late paymeni fee of at
10%p P M-0piTif Ws-
Page 3 of 4 April 30, 201
Lubbock EOC Peer Rei ie« Sen•ices
Limitation of Liability & Indemnification
C6MTftm%L,ib,erisks have been allocated such that the Client agrees. to the fr ,xtent
pernutted b- la-,Zthe liability of the Consultant and Sub -con -. to the Client.
O«zter, Contractor, and all Subco on the project vnd all claims. losses, costs.
damages of any nature -whatsoever or claims om any cause or causes, so that the total
aggregate liability- of the Cons to all those namenot exceed the Consultant's
total fee for send red on the project for which the claims) o Such claims and
Ouse ' , e. but are not limited to negligence. professional errors or omissions. liability-.
The Client agrees, to the fullest extent permitted by law. to indemnif1 and hold the Consultant
harmless from an} damage. Iiabiiit% or cost (including reasonable attorneys' fees and costs of
defense) to the extent caused b% the Client's negligent acts. errors or omissions and those of his
or her Subcontractors or other Consultants or anyone for «hom the Client is leeall liable. and
arising from the project that is the subject of this Agreement.
In consideration of Consultant performing an architectural and structural re% ie" of the project
and the use of the continents. concerns. and recommendations. the document owners. and related
parties agree that Consultant shall be entitled to reh upon the completeness and accuracy of all
infomlation prop ided to Consultant. The documents owner and related parties further auree that
Consultant shall not be re,,pomible in anN "m for errors omissions contained in an% dra%%inus
or specifications prepared b} other oT for errors or omissions b} others in incorporating tite
recommendations made bN Consultant into the reports. dra%%ings. or specifications.
Consultant shall not have control or charge of and shall not be responsible for construction
means. methods, techniques. sequences of procedures or for safet% precautions or progams in
connection -Mth the "ork. for the acts or omissions of the Client, its Subcontractors or anv other
person performing am of the «ork. or for the failure of any of them to carr_% out the work in
accordance Mth the construction documents.
Resolution
t to mediation as a condition precedent to arbitration or the institution of le{ or
Citable prod ' QS bY either party. If such matter relates to or is the subject en arising
of Consultant's seFFI insultant mai proceed in accordanc applicable lar to
npl% «7th the lien notice or filing r s rior to resp a the matter bv mediation or
arbitration. The Client and Consultant shal r to resolve claims. disputes and other
tters in question between them b,, talion «hich. ale the parties mutually agree
emise, shall be in accor «ith the Construction Indusm . 'ation Rules of the
wrican Arbitratio iciation currenth in effect. Request for mediation 1 be filed in
tine e ether part~ to this Ageement and t�ith the American :arbitration .. k on.
-- --- .._ ----.. L _ _ . Y . -- __ .-4 _ .J .I -1• i i I , .
CON51 %TDur wires OMM49 A&PEE Wr
�f
Page 4 o"4
Lubbock EOC Peer Rei iev, Sen -ices
C�HSLS'� i�ulT4i [fit-[N�iE
April 30. 2015
ali -ndine mediation for a period of 60 days from the date of fit' ' stayed
r a longer period by of the parties or a parties shall share the
ediator's fee and an} fit' 11 beheld in �Z'ichita. artsas. unless
other to mutually agreed upon. Ag cements reached to m,+ ' be enforceable
]rntC In unV' f-nl rri 11'riv;nO ;,I :rllr�.`, ",I #�, ar,.,�.f'
We loot: fornvard to w orking «ith you. If you have ani questions or require further information.
please give me a call. Thank you for this opportumtn to be of sen ice.
Sincerely.
Schultz Squared Architects LLQ'
Client: Brinkle- Sargent Wiginton
Architects
.�I�i1Ul1(i't'
Print Name:
Print Title:
Date:
Consultant: Schultz Squared :architects
LLC
.Sit"
Print Name: Corer Schultz
Print Title Principal
Date: Aril 30. 201 i
S;i3•a nF circ 1nr t7 7�-1:�ra,+,�,i
S..'aSc a1as,T xa> 2t3JiC-1Z.!13i,;,5FazFl:ad;.;aQi•,s�rv.cy�d.�o;r,
8 July 2015
Mr. Hal Sargent
Brinkley Sargent Architects
5000 Quorum, Suite 600
Dallas Texas 75254
Re: Emergency Operation Building
Lubbock, Texas
Proposal for Accessibility Consulting Services
Dear Mr. Sargent -
Access by Design. Inc. ("AbyD" and/or the "Consultant"} is pleased to submit this proposal for Consulting Services to Brinkley
Sargent Wiginlon Architects (the "Architect"). This proposal. once executed by both Consultant and Architect, will allow work to
commence immediately on your Project. Following such execution by the parties, this letter shall serve as either a final
agreement or an interim agreement subject to a final contract which will be entered into by the parties and to which this letter will
be attached and incorporated for all purposes. Thank you for inviting me to submit this proposal for consulting services on the
Emergency Operations Building project. I look forward to the opportunity to work with you again.
Prosect Scone
We understand this project to consist of the new construction of an Emergency Operations Building with an estimated
construction cost of $5,050,000. Access by Design proposes to provide the following services:
• Preliminary Plan Review
+ TAS Plan Review as required by the State of Texas
• TAS Site Inspection as required by the State of Texas
Services
1) Access by Design will perform a preliminary plan review, based upon design drawings provided by the Architect. The
project will be evaluated for compliance with the Texas Accessibility Standards as required by the State of Texas. The
findings will be documented in a written report.
We propose a fixed fee for the preliminary plan review in the amount of .... ... .•.....................................$ 550.00
2) Access by Design will perform a TAS plan review as required by Chapter 469. Texas Government Code, based upon
100% construction documents, signed and sealed. The project will be evaluated for compliance with the Texas Accessibility
Standards as required by the State of Texas The findings will be documented in a written report.
We propose a fixed fee for the TAS pian review in the amount of ........................,......................................$ 690.00
3) Access by Design will perform a TAS site inspection upon completion of construction as required by Chapter 469, Texas
Government Code. The project will be evaluated for compliance with the Texas Accessibility Standards as required by the
State of Texas The findings will be documented in a written report including site photos of any unacceptable conditions.
This fee shall include a single site visit. Any additional visits requested by the Owner or Architect will constitute an
additional service and shall be billed at an hourly rate of $140 per hour, two hours minimum
We propose a fixed fee for the final TAS inspection, in the amount of ..,•.......•...••....•.......................................63 90.00
Totalfor all proposed services.....................•........._...........................................................................$ 1,930.00
bACCESS.,,DESI GN
Reimbursable Expenses
Access by Design will require reimbursement for out-of-pocket expenses as indicated below.
TDLR Project Registration Filing Fee*.............................................................................................................5 175.00
Travel....... .................................. ........ ......,......... ___ ... ,................. .......... ;................................................ $ 360.00
'Note- Payment of TDLR filing fees is due prior to our office registering the project Access by Resignwi not collect TDLR filing
fees if the project is registered prior to receipt in our office -roT,d L Fr -.K- �¢ G 5
Schedule
■ The building assessment will be performed and the report furnished to the Architect within 30 days of receipt of a signed
agreement and notice to proceed.
• The TAS plan review will be performed and the report furnished to the Architect and Owner within 30 days of the submittal
of construction documents and a completed Project Registration Form
• The TAS site inspection will be performed and the report furnished to the Architect and Owner within 30 days of receipt of a
completed Request for Inspection Form and applicable inspection and travel fees, provided that project construction is
complete
Assumptions and Exclusions
• Pursuant to TDLR AB Admin=strative Rules 16 Texas Administrative Code. Chapter 68, Section 68.50(c), plan review fees
are due when construction documents are submitted for review. Plan review services will not be provided until plan review
fees are paid in full.
■ Pursuant to TDLR AB Administrative Mules 16 Texas Administrative Code. Chapter 68, Section 68.52(a), a completed
Request for Inspection Form and applicable inspection and travel fees are due prior to the inspection being performed
• Access by Design shall have the right to rely on the accuracy, thoroughness and completeness of all information provided
by the Architect, the Owner, or the Owners representative(s) during all phases of this project.
■ Access by Design does not assert that the proposed pian review and inspection services satisfy or replace reviews and
inspections required by city building departments and local code authorities
• Access by Design will review for compliance with only those accessibility codes and standards stated above.
• In the event that we jointly agree that additional consulting services are required, this would constitute an additional
expense.
If this Proposal meets with your approval, please indicate by signing below and returning one copy to me.
Sincerely.
Kimberly J. Goss
p 203
Emergency Operations Building
8 July 2015
bAC CE554yDE51GN
President
ACKNOWLEDGED AND APPROVED BY:
Signature
Name 1 Title
Company
Date
p 3oi3
Emergency Operations Building
8 July 2015
Exhibit
hol-E Engtneem Inc
me 10055 west 43rd avenue wheal; ridge; co 90033
[ 303 4216655 + 1 303 421 0331
engineers www me engineers com
July 15, 2015
Hal Sargent
Brinkley Sargent Architects
5000 Quorum, Suite 600
Dallas, TX 75254
RE: City of Lubbock, TX - Emergency Operations Center (EOC)
Engineering Services Proposal
Technology Systems
Dear Hal,
We would like to thank you for the opportunity to prepare a proposal for technology systems design services for
the City of Waxahachie Police Building project
We propose the following services for your consideration:
I. SCOPE AND DESCRIPTION:
A. Project Description:
The project is a new building to be constructed for the City of Lubbock and will have a total
construction budget of approximately $5 million. The facility is a total of 13,000 SF and will be
located adjacent to the existing Fire Administration building. The project will be designed to ICC
500-2014. This proposal is based on the information received in yourJuly 7, 2015 email.
B. Scope of Work
The technology systems scope shall include the following work:
1. Communications Infrastructure:
a) Planning and layout design of communications rooms including
Telecommunications Service Entrance Facility (TEF), Main Communications
Room (MC/MDF), and Intermediate Communication Distribution Rooms
(IC/IDFs).
b) MEP Support Systems: Assist in coordinating environmental air requirements,
electrical distribution requirements, and fire suppression systems for
communication rooms. Additionally, assist in coordinating power receptacle at
communication device locations.
C) Raceway Infrastructure: Design and specification of communications systems
backbone and horizontal raceway infrastructure. Components include sleeves,
conduit, back -boxes, junction boxes, enclosures, ladder rack, cable tray, and j -
hooks.
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Hal Sargent—Technology Proposal
July 15, 2015
Page 2
ep1neeers
d) Telecommunications Ground System: Design and specification of a dedicated
telecommunications grounding system including ground bus, bonding
backbone cable and supporting raceways.
e) Building Backbone Communications Infrastructure: Design and specification of
backbone infrastructure including cable and terminations. Infrastructure
typically consists of multi -mode and single -mode fiber optic media, and
Category 3 copper media routed between the main communications room and
intermediate communications rooms/closets.
f) Building Horizontal Communications Infrastructure: Design and specification of
horizontal infrastructure including cable and terminations. Infrastructure
typically consists of Category 5E, Category 6, and/or Category 6A UTP copper
media.
g) Building Horizontal CATV Infrastructure: Design and specification of horizontal
infrastructure including cable and terminations. Infrastructure typically
consists of RG -6 or RG -11 coax media.
h) Communications Hardware: Design and specification of passive hardware
components such as equipment cabinets / racks, plywood backboard, cable
managers, patch cord managers, d -rings, etc. within communications rooms
Outside Plant Communications Backbone Infrastructure: Design, specifications,
and coordination of any outside plant (OSP) infrastructure for site
requirements, adjacent buildings, and/or campus arrangements. Infrastructure
typically includes raceway, manholes, hand -holes, pull -boxes, Category 3
cables, multi -mode and/or single -mode fiber optic cables, terminals, copper
protectors, etc. Actual documentation can either be coordinated with Civil
Engineer and/or shown by ME Engineers, Inc.
j) Service Provider Utilities: Design, specification, and coordination of service
provider raceway infrastructure from property line to demarcation point within
building. Please note that all cable and associated terminations shall be
specified and provided by the Telecommunications Service Provider. Actual
documentation can either be coordinated with Civil Engineer or shown by ME
Engneersr Inc.
k) Distributed Antenna System: Produce performance based specification for
cellular and 2 -way radio distributed antenna system (DAS) to repeat and
amplify wireless signals within building. Performance specification will be
issued as part of a base building RFP to obtain bids and award the DAS
technical RF design and install to a wireless manufacturer and/or provider. All
raceway and MEP requirements will be coordinated with the selected wireless
vendor_ Additionally, final DAS design (including cable routing, placement of
antennas and other equipment, etc.) will be coordinated with selected vendor
to ensure final design is fully properly integrated into the building design and
function.
2. Audio Video Svstems
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Hat Sargent —Technology Proposal
July 15, 2015
Page 3
engineers
a) Infrastructure: Design and specification of AV system infrastructure including
conduit, floor box and poke-thru devices, junction boxes, enclosures, specialized
back boxes and device detail drawings.
b) Hardware: Design and specification of audio video systems required hardware
components including equipment cabinets and racks, projector and video flat
panel mounts, motorized lifts, loudspeaker supports, etc.
cj Head -end Equipment: Specifications, equipment lists, equipment layouts on plan
drawings, system one -line flow diagrams for audio, video and control systems
showing their interconnectivity. Equipment shall include video conferencing (if
required), audio and video amplification and distribution equipment, digita+
signal processors (DSP), ATSC tuners, CODECs, video scalars, signal converters,
audio and video source equipment, control system CPUs, touch panel controllers,
program and ceiling loudspeakers, assistive listening system (per ADA),
projection screens and HD projectors, professional video flat panel displays, AC
power sequencers, etc.
Security System:
a) Electronic Access Control System. Design of employee access control
components including head -end monitoring equipment, system controllers,
card readers, keypads, remote door release buttons, request -to -exit functions,
and ADA door operator button interfaces. This design includes coordination
with door hardware designer to ensure proper system interface, control, and
power is provided based on each door hardware and/or lock type.
b} Intrusion Detection System: Design of intrusion detection components
including head -end monitoring equipment, system controllers, door status
monitors, motion sensors, duress buttons, and glass break sensors.
r) Video Surveillance System (CCTV): Design of video surveillance system
components including video cameras, video directory servers, network video
recorders and/or storage devices, multiplexers / switchers, video monitors,
camera controllers, and computer workstations.
d) Central Monitoring Station- Design of a central security monitoring station
including computer workstations, video displays, event call-up video displays,
multiplexers, video matrixes, and camera controller joystick/ keypads.
_F Spec, Ica Fid vibration control measures. This includes review of
all wall, ceiling, and floor types relative to t e wo
C° Scope of Services-.
Provide technology systems engineering services including the design of communications
infrastructure, audio visual, and security systems. The design process will ensure the system
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Hat Sargent—Technology Proposal
July 1S, 2015
Page 4
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meets the Owner's requirements and complies with Building Industry Consulting Services
International (BiCSi) and EIA/TIA standards. A BiCSi Registered Communications Distribution
Designer (RCDD) will supervise the design.
Audio Video Systems will be designed with the Owner's requirements at the forefront while
implementing industry best practice design criteria as a basis of design. Where similar spaces
exist, i.e. duplicates, it will be assumed that the same design will be used of each space. A
licensed professional electrical engineer (PE) will supervise the AV design.
The following services have been included in our scope of work:
1. Project Meetings_ ME to attend (2-3) project meetings in Waxahachie, TX and/or Dallas
during the design phase with the Owner, Architect and Contractor.
2. Design Development:
a) Review and meet with Owner and Architect.
b) Initiate coordination of system requirements with Architect and other project
team members.
C) Prepare drawings with information such as symbol legends, one -line diagrams,
area floor plans with equipment layouts, device details, and enlarged room
plans and elevations with equipment layouts,
d) Prepare specifications of systems.
e) Make corrections to drawings and/or specifications as required by plan check
to obtain an approved building permit and meet Owner's requirements.
3. Construction Documents:
a) Finalize coordination of system requirements with Architect and other project
team members.
b) Finalize drawings with information such as symbol legends, one -line diagrams,
area floor plans with equipment layouts, device details, and enlarged room
pans and elevations with equipment layouts.
C) Finalize specifications of systems.
d) Make corrections to drawings and/or specifications as required by plan check
to obtain an approved building permit and meet Owner's requirements.
4. Bidding and Negotiation:
a) Make recommendations to the Client and Owner regarding the bids or
proposal received.
a) Answer questions referred by the Client and assist in the preparation of
addenda deemed necessary by the Client,
5. Construction Administration:
a)
Review product data submittal.
b)
Review shop drawings.
C)
Answer questions during construction phase.
d)
Provide (1) intermediate site observations with written report at relevant stage
of construction.
e)
Provide (1) final site observation upon construction completion including punch
with final observation or punch -list report.
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Hal Sargent —Technology Proposal
July 15, 2015
Page 5
R. EXCWSIONS:
The following services are excluded or subject to an additional fee:
A. Telephone System: Design, specification, coordination, documentation, and commissioning of
any telephone system equipment.
B. Data Network Equipment: Design, specification, coordination, documentation, and
commissioning of any data network equipment.
C. Specialty Audio/Video: Design, specification, coordination, documentation, and commissioning
of any remote arraignment, hardware based event recording, digital signage / wayfinding or
broadcast systems.
D. Specialty Acoustics: Design, specification, coordination, documentation, and commissioning of
any room acoustics design (for courtrooms, etc.) or interior sound insulation design (courtrooms
and ancillary areas).
E. Project Meetings: Provisions for attendance at weekly project meetings during construction
phase.
F. On -Site Engineer: Provisions required for a full-time on-site engineer.
G. Installation: Materials, installation, and testing of any system components.
H. CAD Standards: Provisions for standards or layering strategy other than ME Engineers, Inc.
standards.
1. Commissioning: Provisions for commissioning and certification of any system.
J. Other: Design, specification, coordination, documentation, and commissioning of any other low
voltage special systems not mentioned above i.e. Building Management System, etc. This
includes all raceway infrastructure, cable, terminals, and other associated equipment, etc.
III. FEE PROPOSAL:
A. Services Fee: if
48faao W
Lump sum amount of6t9aCf'plus reimbursable expenses as noted in Section IV. -Terms and
Conditions.
The fee break-out is as follows,
• Communications Infrastructure: .................. ............... $15,000
• Security System: ........................................................... $ 15,000
• Audio / Visual System: ................................................. $ 18,000
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Hal Sargent —Technology Proposal
July 15, 2015
Page 6
B. Additional Services:
Any additional services not included with this proposal and/or items specifically excluded will be
compensated on a time basis at our prevailing hourly rate or an agreed upon fixed amount. All
additional work requested shall be authorized in writing prior to initiation and completion.
IV. TERMS AND CONDITIONS:
A. Reimbursable Expenses:
W6
Reimbursable expenses will be billed monthly at cost p+em-i996 for the following: Long-distance
telephone calls; travel costs in connection with the project, including transportation and
subsistence; messenger service; express mail; printing costs except for the normal exchange
during project.
B. Schedule and Continuity:
Fees are based on the assumption that the project will run without interruption and is scheduled
for completion on or before the currently scheduled date. If there are extended delays beyond
our control, we would expect to negotiate with you for an equitable adjustment of our
compensation.
C. Contract Execution:
The Client may execute an AIA standard contract with ME Engineers, Inc., upon acceptance of
this proposal. This proposal, along with any other approved letters outlining our scope of work,
will be an appendix to the contract. All contracts shall be subject to review by ME Engineers' legal
representative prior to contractual binding of services and fees.
D. Approval:
We must receive a signed copy of this proposal prior to performing substantial work.
E. Additional Terms and Conditions:
Refer to attached document Exhibit -A for additional requirements.
Please sign this letter and return a copy to us for our files. We are looking forward to working with you on this
exciting project. In the event you have any questions or require any additional information, please contact me.
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Hal Sargent—Technology Proposal
July 15, 2015
Page 7
Sincerely,
ME Engineers, Inc.
Denver office
Kevin Devore, RCDD
Principal
Technology Design Group
Approved and accepted this day of - _ .2015
Organization:
By: Title:
Cc, Chris Janes-ME/Denver
Mike Hart•ME/Denver
Drew 5hivley-ME/Dallas
Greg Read-BSW
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WE ENGINEERS' TERMS AND CENIQITKMS
The fallawtngTerms and Conditions and the initoals required below are, apart. of this Agreernert,
WE Engineers, Inc, shall perform the services autiined in this agreenoent for the stated fee arrangement.
Access To Site:
Unless otherwise stated, M -E Engineers wait have access to the site for aci;vities necessary for the performance of the services. WE Engineers wW
take precautions to minimise damage due to these activities, but has not included in the fee the cost of restoration of any resulting dam:tage.
Dispute Resolution:
Bifting/Payments:
Invoices for M -E Ehgineerrsser%kesshall be submitted, at M -E Engineer's. option, either upon uoWletion of such services or aria Monthly bas'•s.
Invoices shall be payable within 10 days after the cheat receives, payment. If the invoice is trot paid within 60 days, illi -E Engineers may, - • a :a:
" terminate the performance of the service
Late Payments
A.iounts unpaid 60 days after the invoice date may be sublLct to a month:µ �Prvre charge of L. the legal rate) on the then unpaid balance.
Indemnification
Fil.fli lwa,-pAd+
an s e . ntl rw? Y dannage; liabilityand cost, inctading reasonable aitaroey's fees and de .hose costs,.a,nsingaut of er an any
ray connected: w4th the performance by -any tip ac r m excepting only those damages,
Certifications
Guarantees and Warranties= hR-E E ,Kw-ers sW not be rewired to execute anv diocucneri; that would result in its certifying, guaranteeing or
warranting the existence oft""tion whose existence ME Engineers cannot ascertain"
Limitation of Liability
' -+.---1 ^v`"'a'T .ter-r-n7ft - 7. k F. i ru a
the Client a�1r, 'he NOW extent permitted by. law, M E Erei9eer`s total liability tathE �" �� rs, c ,in7s, losses. j -e
expenses, damages or clairrt expenses ar.su,g _ u. - F, r t°astses,, shall not exceed 1 0 000 Such c fuses include f
but are not limite �r7- w+e r` Tr + „ n. -, rrors, om ssicns. strict Habbility, breach a con My -
Verification of Existing Conditions Clause
Inasmuch as the remodeling and/or rehabilitation of an existiog building require; that.certaia assumptions be made regarding. existing conditions,
and because some of these assumptions mz y nat be verifiable wthout expenditrig additional sums. of money of destroying otherwise adequate or
serviceable portions of the building, (the Client) agrees that, except for the sole negligence on the part o€ M -E Engineers, Inc„ fthe Clientk agrees to
Indemnify anrf bold WE EogirTers, Inc, harndess from any claims, WPuby or cost tlineluriing the costs. of defenses arising or allegedi+f arising orit of
the professional services provided under this agreement.
Termination of services.
This agreement may beeterminated by the client or M -E Engineers should the other fair ti perforin its obligations hereunder. In the event of
termination, the Client shalt pay WE Engineers for all services rendered to the date of termi�ation, all reimbursable expenses, and reimbursab;L
termination expenses..
Oweership of Documents,
if}CL4m un�! r: Y rYtl ir`cV�iSm.. ,r - ,.
MEP cor,sixTArrs
CC�ISSi'.k1Y�G s FIE1L WY5=1�C�13 t�H3
Exhibit
P
115 East Main Street Round Rock, Texas 78664
PH: (512) 218-0060 FAX: (512) 218-0077
April 22, 2015
BRINKLEY SARGENT WIGINTON ARCHITECTS
5000 Quorum, Suite 600
Dallas, TX 75254
Attn: Tony Jeffry
Re Lubbock EOC - Commissioning
Per your request the following proposal was prepared for commissioning of the HVAC system for the
project. Building is approximately 13,200 sq. ft, with an approximate budget ofmillion, Listed below
is the scope of work to be provided for commissioning of the HVAC system an uildisg Envelope.
a. Provide commissioning specification for project manual_ This is in addition to project
engineer specifications
b. Verify domestic water circulating pumps are operating_
c. Check calibration of space temperature DDC sensors against actual space temperature
and temperature indication on DDC control system. Check all sensors.
d Check heating and cooling sequences for main HVAC Equipment.
e. Spot check interior of main supply and main return ductwork at various locations at duct
access doors in ductwork to insure free of construction debris and check if system is
being kept clean.
f. Check operation of exhaust fans to insure operating per specified sequence.
Spot check balancing report for supply air grilles once balancing report received. Fieyd
measure approximately 50% of grilles (minimum).
Review design documents during Design Development Phase and Construction
Document Phase
Attend one of the owner start-up/training sessions of the mechanical system.
Coordinate with Architect, Project Engineer and Contractors on problems that arise during
commissioning process.
Provide periodic site observations during Construction Phase. (This is in addition to the
Project Engineer's site visits,) (Estimating 5 trips maximum)
Provide periodic site observations of Building Envelope to include; exterior drain plane.
window flashing, and base flashing.
M. Provide commissioning report for each site visit.
It is expected that Mechanical Contractor and Control Contractor shall be available for assistance as
required during commissioning phase. Ladders and lifts are to be provided by General Contractor as
needed.
For these services we propose a lump sum fee of: $17,000
'Estimated Reimbursable Expense of: $4,500
Total including Reimbursables: $21,500
Additional requested services and required retesting shall be billed at the following hourly rate:
ENGINEERING SERVICES RATE
PRINCIPAL
$200.00
SR. ENGINEER
$180.00
ENGINEER
$150.00
PROJECT MANAGER
$150,00
SR_ DESIGNER
$120.00
COMPUTER AIDED DESIGNER
$ 80.00
DESIGNER 1
$ 75.00
ADMINISTRATIVE/CLERICAL
$ 65.00
All expenses such as long distance telephone calls, travel mileage (@$55/mile), delivery charges_ printing
costs, etc., will be billed as reimbursable expenses W
Payments are due 30 days from invoice date or when Architect receives payment. Late payments will
bear interest at the rate of e+t#� the highest allowed by law.
The terms of this proposal are subject to change if not accepted within 30 days.
The Engineer shall not have control or charge of, and shall not be responsible for, construction means,
methods, field coordination, techniques, sequences or procedures., for safety precautions and programs in
connection with the work, for the acts or omissions of the Contractor_ Subcontractors or any other person
performing any of the work: or for the failure of any of them to carry out the work in accordance with the
Contract Documents.
If this proposal is acceptable with you, we ask you to help us in complying with our Professional
Liability Company's request to have signed contracts on all projects by signing and returning this
proposal to us in a prompt manner.
Your business is appreciated.
Brinkley Sargent Wiginton Architects
BY
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■ ■
■,��■ TERRA TESTING, LLC
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T E RRA
U41111 1977
July 17, 2015
Proposal No_ 150717-01
WHJ Architects
Attn.: Mr. Tony Jeffry, AIA
500 North Central Expressway, Suite 300
Plano, TX 75074
Re.: Proposal for a Geotechnical Investigation
Lubbock EOC Facility
Lubbock, TX
Dear Mr. Jeffry,
INTRODUCTION
r�
4w�tA A I*
BUSING MEMBER AASHTO Mid
Exhibit
Terra Testing, LLC (Terra) is pleased to submit this revised proposal to perform a geotechnical
investigation for the above -referenced project. This proposal was requested by Mr. Tony Jeffry, AEA,
WHJ Architects (WHJ) in a email dated July 15, 2015, which was sent to Terra. In Mr. Jeffry's email
request, WHJ provided a site plan with boring locations to Terra to prepare this proposal.
We understand that a new building for Lubbock EOC Facility, Martin Luther Kind Blvd and East
Ursuline Street, Lubbock, Texas is planned, WHJ did not provide any anticipated load for the columns
nor did they indicate the preferred foundation system.
The purposes of this study are to explore the subsurface conditions, determine the classification and
mechanical properties of these soils, perform geotechnical analyses, and to prepare a report presenting
the data obtained along with geotechnical engineering recommendations for the design and
construction of foundations and pavements_
FIELD INVESTIGATION
According to the Texas Geologic Atlas, the site is underlain by the subsurface materials of the
Blackwater Draw Geological formation and Quaternary Playa Deposits. The subsurface materials of
the Blackwater Draw Geological formation consist of calcareous sands with caliche nodules, while the
subsurface materials of the Quaternary Playa deposits consist of clays and silts.
The subsurface materials of the two aforementioned geological formations are relatively shallow and
are underlain by the subsurface materials of the Ogallala Geological Formation, which consist of sands,
silts, clays, and gravels that are capped by caliche. Large quantities of groundwater flow through the
subsurface materials of the Ogallala Geological formation.
_ %VWWTLRRA ENG.CUAt_
5108 3.1TH SI°REFr i; tt6BBOCK ?\ 79410 Gig{1i... 800. 793_4707
FAX 800.793.47ogs
Geotechnical Investigation for the proposed new Lubbock EOC facility 13 ■ �4 cl■ ■
Martin Luther King Blvd. and East Ursuline Street, Lubbock, Texas ■17300ia
Proposal No.: 150717-01■ Q "E d E LI
13
PageJuly 12 f s 5 TERRA
As requested by WHJ, we will explore the subsurface conditions at the subject site by drilling and
sampling a total of three (3) borings, which will be drilled to a depth of about 30 feet below existing
grade (BEG) for the proposed structure. All the proposed boring will be drilled at locations shown on the
site plan prepared by WHJ.
The borings will be advanced with a truck -mounted drilling rig. Undisturbed cohesive soil samples will
be obtained using 3 -inch diameter, thin-walled tube samplers pushed into the soil. Non -cohesive soil
samples will be obtained using split -barrel samplers in conjunction with the standard penetration test. If
encountered, bedrock will be evaluated in-situ using Texas Department of Transportation cone
penetration (TCP) tests.
Upon the completion of the drilling operations, the borings will be backfilled and plugged at the surface
with soil cuttings.
LABORATORY INVESTIGATION
The engineering properties of the soils and rock will be evaluated in the laboratory using tests
performed on selected representative samples. The samples will be visually examined and classified.
Representative samples will be selected for classification, strength, and swell or compressibility testing.
Considering the nature of the project and the anticipated subsurface materials, we recommend the
following tests be performed for the three (3) borings:
a. Moisture Content, ASTM D 2216 (30 tests);
b. Atterberg Limits. ASTM D4318 (10 tests);
c. Percent passing the No. 200 sieve, ASTM D 1140 (10 tests);
d. Unified Soil Classification, ASTM D 2487 (30 tests);
IVANWTERRA ENG.C_0,M
— P 0 R0\ lwiOi ; 5208 3.4HI STREEr I LUBPiOCK. TX 79.41}0 605 _806.71) 3.4767 FAX 80G.703.47b8
■- ■
Geotechnical Investigation for the proposed new Lubbock EOC Facllity t7 ■ ■ C;
Martin Luther King Blvd. and East Ursuline Street, Lubbock, Texas �Ei•C7
Proposal No.:150717-01ilr� 00011
July 17, 2015
Page 3 of 6 T E RRA
ENGINEERING SERVICES
The field and laboratory data will be analyzed to develop geotechnical recommendations for the design
and construction of foundations, floor, and pavement structures for the proposed project. The
geotechnical engineering report will address the following:
1. Plan of borings, boring logs, and groundwater level observations;
2. Laboratory test results;
3. General soil and groundwater conditions at the boring locations;
4. Geotechnical recommendations for the design and construction of the appropriate foundations
for this site;
5. Geotechnical recommendations for the design and construction of ground -supported, concrete
floors; and
6. Earthwork recommendations.
An electronic draft report in PDF format will initially be submitted to our client and to the members of the
project team for their review and comments. Once all the comments have been reviewed, discussed,
and satisfactorily addressed, our report will be finalized and issued in PDF format along with 4 hard
copies.
COST ESTIMATE AND ANTICIPATED SCHEDULE
Based on the scope of work outlined herein, we propose to perform the geotechnical investigation for a
lump sum fee of $4,995.00_ This fee includes two hours of consultation by a senior engineer after the
final report has been issued. Additional consulting can be provided at an hourly rate of $250.00. If
unanticipated conditions are encountered, we will notify you and wait for your instructions_ This cost
will not be exceeded without your prior authorization.
We can begin work on the project 2 to 3 days after we receive the written notice to proceed (NTP) and
the authorization of this proposal by sending us a signed copy of your contract signed by an authorized
person. By state law, we have to give two business days notice to the operators of underground utility
lines through Texas81111-onestar Notification center to locate and mark their underground utility lines so
that the borings can be located and established in the field to avoid these lines. The City of Lubbock
water, stormwater, and sanitary sewer line are marked by city personnel and can take extra time.
Because all the aforementioned lines are marked up to the property boundary, the internal distribution
lines have to be located and marked by the property owner's personnel who are familiar with the
locations of these lines_
The fieldwork should take about two days to complete with favorable weather conditions. The
laboratory testing and preparation of the engineering report will require an additional 3 to 4 weeks to
complete_ We will make preliminary geotechnical information available earlier, if requested.
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i', 0 BOX 100.9 1 5208 341'1 STRFFT 1 [11BBOCK, ' TX 79490 {)Otli 806.71)3.4 767 FAX 80ti.7c)3.47(38
■ ■
Geotechnical Investigation for tho proposed new Lubbock EOC Facility a ■ ■
Martin Luther King Blvd. and East Ursuline Street, Lubbock, Texas '-'01312013
Proposal No.: 150717-01 .0 Q in o
July 1
Page4 of 645 TERRA
TERMS AND CONDITIONS
Our services will be performed in accordance with the attached Terms and Conditions for
Professional Services. To indicate acceptance of our proposal, please prepare two copies of the
contract, sign them, and send them to us for our signature along with a written notice -to -proceed, which
shows the required start date. We will return a signed copy for your files.
Title 10, Subtitle F, Chapter 2254 of the Texas Government Code prohibits a governmental agency and
its agents from selecting a provider of professional services on the basis of competitive bids.
Therefore, Terra has assumed that Terra has been selected to provide these services on the basis of
our qualifications and will not be violating state law by providing this priced proposal.
We thank you for the opportunity to submit this proposal and we look forward to working with you on
this exciting project. Please feel free to contact me at 806-777-0786 or at A it.Govindan Terra
en-g.com if you have any questions or need additional information.
Sincerely,
Terra Testing, LLC
dan, Ph.D.
cc: File
150717_Lubbo--k_ EOC_ Facility deux
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Gootechnlcal Investigation for the proposed new Lubbock EOC Facility ❑ ■ _ No
Martin Luther King Blvd. and East Ursuline Street, Lubbock, Texas ■13®■0
Proposal No.: 150717-01 ■0 ■0❑G�'
July 17, 2015
Page 5 of e T E RRA
TERMS & CONDITIONS FOR TECHNICAL SERVICES
1 Parties to This Agreement
CLIENT as used herein Is the entity who authorizes performance of services by Terra Testing LLC. (TERRA) under the conditions stated
herein TERRA as used herein includes. Terra Testing, LLC, its employees and officers, and its subcontractors and subconsultants
(including affiliated corporations)
2 On-site Responsibilities and Risks
21 Right -of -Entry Unless otherwise agreed CLIENT w-11 furnish unfettered rights -of -entry and obtain permits as required for TERRA
to perform the fieldwork
22 Damage to Property TERRA will take reasonable precautions to reduce damage to land and other property caused by TERRA's
operations However. CLIENT understands that damage may occur and TERRA's fee does not include the cost of repairing such
damage. If CLIENT desires TERRA to repair and,'or pay for damages, TERRA will undertake the repairs and add the pre -agreed
cost to TERRA's fee
23 Toxic and Hazardous Materials CLIENT will provide TERRA with all Information within CLIENTS possession or knowledge as to
the potential occurrence of tont or hazardous materials or Biological Pollutants (as defined in 9 below) at the site being
investigated. If unanticipated toxic or hazardous materials or biological pollutants are encountered, TERRA reserves the right to
demobilize TERRA's field operations at CLIENTS expense Remobilization will proceed followin consultation with TERRA's
safety coordinator and CLIENTS acceptance of proposed safety measures and fee adjustments.
24 Utilities and Pipelines While performing TERRA's field work. TERRA will take reaso pre utions to avoid damage tr?
subterranean and sub aqueous structures, pipelines, and utilities. CLIENT agrees to indemnify, and hold TERRA harmiess
for any damages to such structures. pipelines. and utilities that are not called to TERRA's attention andlor correctly shown on plans
furnished to Terra
2.5 Site Safety TERRA is not responsible for the job site safety of others nor does TERRA have stop -work authority over work by
others However. TERRA will conduct its work In a safe workman -like manner. and will observe the work -site safety requirements
of CLIENT that have been communicated to TERRA in writing
Standard of Care
3 1 TERRA will perform its services consistent with that level of care and skill ordinarily exercised by members o' the profession
currently practicing under similar conditions in the same location
32 CLIENT acknowledges that conditions may vary from those encountered at the location where borings surveys, or explorations
are made and that TERRA's data, interpretations and recommendations are based solely on the information available to TERRA..
and TERRA is not responsible for the interpretation by others of the information developed.
4 Limitation of Remedies
ir or i RA's work for CLIENT will not exceed the amount of TERRA's fee, regardless of the legal theory
which remedy is sought in the event ed to this sum, and if CLIENT requests in
prior to acceptance of this Agreement, TERRA agrees to negotiate a greater remedy amou a in
5 Invoices and Payment
At TERRA's discretion, invoices will be submitted at the completion of task elements. or monthly for services rendered
Payment is due upon presentation of TERRA's invoice Client shall pay TERRA earlier or no later than sixty (60) days from invoice date
CLIENT agrees to pay a financing charge of one percent (1.596) per month (or the maximum rale allowable by law whichever is less
on past due accounts, and agrees to pay attorney's fees or other costs Incurred in collecting any delinquent amount
6. Data, Records Work Product and 13 rtiss), and Samples
Data, Records, Work Product and Reporl(s) are TERRA's property All pertinent records reialing to TERRA'S services shall be retained
for a minimum of two (2) years after completion of the work. CLIENT shall have access to the records at all reasonable times during
said period provided request is received in writing at least 48 hours in advance TERRA will retain samples of soil and rock for a
minimum of 30 days after submission of TERRA s report unless CLIENT advises TERRA otherwise Upon CLIENTS written request. for
an agreed charge TERRA will store or deliver the samples in accordance with CLIENTs instructions
7 Indemnification
TERRA and CLIENT shall indemnify each other from any claims. damages, losses and costs, including, but not limited to, reasonable
attorneys fees and litigation costs. to the proportionate extent caused by each party's own negligence, including the negligence of the
indemnifying party, and its employees affiliated corporations officersand sub -tier parties in connection with the project,
8 Consequential Damages
CLIENT and TERRA each agree that neither of them will be liable to the other for any consequential damages incurred by either due
to the fault of the other, their employees agents or subcontractors Consequential damages Include, but are not limited to. loss of use
and 'oss of profit
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■ ■
Geotechnical Investigation for the proposed new Lubbock EOC Facility 0 -
Martin
`Martin Luther King Blvd. and East Ursuline Street, Lubbock, Texas ■❑❑■❑
Proposal No.: 150717-01 1111,Qom
PageJuly 16 of 615 TERRA
9 Biological Poltutants
TERRA's scope of work does not include the investigation. detection, or design related to the presence of any Biological Pollutants
The term 'Biological Pollutants' includes, but is not limited tomoll. fungi. spores. bacteria, and viruses, and the byproducts of any such
biological organisms. CLIENT agrees that TERRA will have no liability for any claim regarding bodily injury or properly damage alleged
arising From or caused directly or indirectly by the presence of or exposure to any Biological Pollutants. In addition, CLIENT wilt 4ief9m&
Indemnify, and hold harmless TERRA from any third party claim for damages alleged to arise from or be caused by the presence of or
exposure to any Biological Pollutants If CLIENT requests in writing prior to acceptance of this Agreement, TERRA will negotiate a
greater limitation amount and remove CLIENTS responsibilities. in exchange for an Increase in fee to develop an expanded scope of
work to provide biological pollutant protection
10 Acceptance of Agreement
These GENERAL CONDITIONS have been established In large measure to allocate certain risks between CLIENT and TERRA
TERRA will not initiate service without formal agreement on the terms and conditions set forth in these GENERAL CONDITIONS
Acceptance or authorization to initiate services shall be considered by both parties to constitute formal acceptance of all terms and
conditions of these GENERAL CONDITIONS Furthermore. all preprinted terms and conditions an CLIENT's purchase order or purchase
order acknowledgment fors are inapplicable to these GENERAL CONDITIONS and TERRA's involvement in CLIENTS project
11. Termination of Contract
CLIENT and TERRA may terminate services at any time upon ten (10) days written notice. In the event of termination, CLIENT agrees
to fully compensate TERRA for services performed including reimbursable expenses to the termination date, as well as demobilization
expenses TERRA will terminale services without waiving any claims or incurring any liability.
Consultant: Terra Testing, LLC Client: WHJ Architects
By:
Date: 07/16115
By;
Date:
NameMtle.
A 'Gov dan, h.D./President
Nameffitle:
Tony Jeffry, AIA, Senior Vice President
Address:
5arsha S - Freeway
Address:
500 North Central Expressway, Suite 300
Lubbock, TX 79407
Dallas, TX 75074
Phone:
806-793.4767 Fax: 806-793-0768
Phone:
972.6654657 Fax: 972.665-0656
Email:
ajit.govindan@terra-eng.com
Email:
jeffryt@whjarch.com
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EXHIBIT R
OJD Engineering
The Benchmark
August 12, 2015
Anthony Jeffry, AIA
WHJ Architects
500 North Central Expressway, Suite 300
Plano, TX 79074
(972) 665-0657
Re: Lubbock EOC Landscape Design Services
Dear Mr. Jeffry:
The proposed total cost for the referenced project is as follows:
1. Task I- Landscape Design Services:
1.1. Provide landscape design including a planting plan, irrigation plan,
specifications and any meetings with the city required for approval.
Total: $1,500
The above costs do not include City of Lubbock review fees, pro -rata or adjacent
main fees or any other fees payable to the City of Lubbock or other agency for
review or approval of the above referenced project. Any work beyond the scope of
work shall be negotiated under another agreement based on the attached standard
fee schedule. Please call if you have any questions concerning this proposal.
Sincerely,
Ben Lewis, P, E.
OJD Engineering, LP
Engineering Firm #4393
Surveying Firm #10193983
Accepted:
Date:
Wellington I Amarillo I Wolfforth I Midland
p +. 806 7912300 328 E. HWY 62 Unit No. 1 Wohforth, TX 79382 fax. 806.791.2301
www WDengineedng.com