HomeMy WebLinkAboutResolution - 2014-R0169 - Agreement - Parkhill Smith & Cooper - Water Admin. Department Renovations - 05/08/2014RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF "1'1113 CITY OF LUBBOCK:
TI -IAT the Mayer of the City of Lubbock is hereby authorized and dirccled to execute for
and on behalf of the City of Lubbock, a Professional Services Agreement, Contract No. 11835
for Architectural services related to the renovations of the Water Administration Departnicnt, by
and between the City of Lubbock and Parkhill Smith & Cooper, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council on May 8, 2014
GLL . RO RTSON, MAYOR
ATTEST:
qRebe Garza, City Secretary
APPROVED AS TO CONTENT:
1)
�v W-�-
Wesley D. Everett, Director of Facilities Management
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwv:ccdocs/RES.PSGParkhill Smith g Cooper
April 14, 2014
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement ("Agreement'), effective as of the 81' day of May 2014, is by and between City of
Lubbock, Texas ("City'), a Texas home rule municipal corporation, and Parkhill Smith & Cooper
(" PSC'I, a Texas "Corporation".
WITNESSETH
WHEREAS, the City desires to obtain professional Architectural services related to the
Renovations of the Water Administration Department located at 404 East Municipal Drive, Lubbock,
Texas (the "Project'J; and
WHEREAS, PSC has a professional staff experienced and is qualified to provide professional
Architectural services related to the Project, and will provide the services, as defined below, for the
price provided herein, said price stipulated by City and PSC to be a fair and reasonable price; and
WHEREAS, the City desires to contract with PSC to provide professional Architectural services
related to the Project and PSC desires to provide the services related to same.
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and PSC hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of at least four hundred twenty (420) days, as set forth in the receipt of the Notice to
Proceed. The term may be altered by subsequent amendments of this Agreement, with the written and
authorized consent of both parties.
ARTICLE II. SERVICES AND COMPENSATION
PSC shall perform the services described in Exhibit A with regard to the Project and payment shall be
due and payable upon receipt in accordance with work provided. Payments due PSC under this
Agreement shall be electronically transferred either by ACH, or wire transfer to the bank account and in
accordance with the bank instructions Identified in PSC's most recent invoice in immediately available
funds no later than the payment due date. Invoice number, project name and Contract Number shall
be referenced in the bank wire reference fields or the ACH addenda information. In the event that such
electronic funds transfer methods are not available to City, then payments due PSC under this
Page 1 of 10
PSC Agreement — Water Administration Renovations
Agreement shall be made by check and mailed to the Address identified in the remittance instructions
on PSC's most recent invoice. The Remittance Advice document shall be mailed with the check to the
address.
ARTICLE III. TERMINATION
A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30)
days written notice to PSC. In the event this Agreement is so terminated, the City shall only pay PSC
for services actually performed by PSC up to the date PSC Is deemed to have received notice of
termination as provided herein.
B. Termination and Remedies. In the event PSC breaches any term and/or provision of this
Agreement the City shall be entitled to exercise any right or remedy available to it by this Agreement, at
law or equity, Including without limitation, termination of this Agreement and assertion of action for
damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent
or subsequent exercise of any other right or remedy and all other rights and remedies shall be
cumulative.
ARTICLE IV. NON -ARBITRATION
A. 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.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. PSC is a Corporation duly organized, validly existing, and in good standing under
the laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by PSC. This Agreement constitutes legal,
valid, and binding obligations of PSC and is enforceable in accordance with the terms thereof.
C. Professional. PSC maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and are familiar with applicable laws, rules, and
regulations, both state and federal, including, without limitation the applicable laws, regarding the
activities contemplated hereby.
D. Performance. PSC will and shall conduct all activities contemplated by this Agreement in
accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional Architectural services, and comply with applicable laws, rules, and
regulations, both state and federal, relating to professional Architectural services, as contemplated
hereby.
Page 2 of 10
PSC Agreement — Water Administration Renovations
E. Use of Copyrighted Material. PSC warrants that any materials provided by PSC for use by City
pursuant to this Agreement shall not contain any proprietary material owned by any other party that is
protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance relating
to the use or reproduction of materials. PSC shall be solely responsible for ensuring that any materials
provided by PSC pursuant to this Agreement satisfy this requirement and PSC agrees to indemnify and
hold City harmless from all liability or loss caused to City or by to which City is exposed on account of
PSC's failure to perform this duty.
F. PSC shall perform in a manner consistent with that degree of care and skill normally practiced
by members of the Architectural profession currently performing services of a similar nature, and
circumstances at the same time and similar locality. If, during the six month period following the earlier
of completion or termination of the Project it is shown there is an error in the Project caused solely by
PSC's failure to meet such standards, and City has promptly notified PSC in writing of any such error
within that period, PSC shall perform, at PSC's cost, such corrective Architectural services within the
original Scope of Services as may be necessary to remedy such error.
ARTICLE VI. SCOPE OF WORK
PSC shall accomplish the following:
Professional Architectural Services related to the Renovations of the Water Administration Department,
as defined in Exhibit "A".
ARTICLE VII. INDEPENDENT CONSULTANT STATUS
PSC and City agree that PSC shall perform the duties under this Agreement as an independent
consultant and shall be considered as independent consultant under this Agreement and/or in its
activities hereunder for all purposes. PSC has the sole discretion to determine the manner in which the
services are to be performed. During the performance of the Project under this Agreement, PSC and
PSC's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents
of the City within the meaning or the application of any federal, state or local law or regulation,
Including without limitation, laws, rules or regulations regarding or related to unemployment insurance,
old age benefits, workers compensation, labor, personal Injury or taxes of any kind.
ARTICLE VIII. INSURANCE
PSC shall procure and carry, at its sole cost and expense through the life of this Agreement,
Insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an
insurance company authorized to transact business in the state of Texas, covering all aspects and risks
of loss of all operations in connection with this Agreement, including without limitation, the indemnity
obligations set forth herein as described in Exhibit B.
PSC shall obtain and maintain in full force and effect during the term of this Agreement, and
shall cause each approved subcontractor or sub -consultant of PSC to obtain and maintain In full force
and effect during the term of this Agreement, commercial general liability, professional liability and
automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do
business in the state of Texas. Except for Professional Liability, the policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Page 3of10
PSC Agreement — Water Administration Renovations
Commercial General Liability:
Each Occurrence: $1,000,000
Professional Liability:
Per Claim (Tail Clause Required): $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $500,000 Per Occurrence
PSC shall further cause any approved subcontractor or sub -consultant to procure and carry,
during the term of this Agreement, Professional Liability coverage, as specified above for PSC,
protecting City against direct losses caused by the professional negligence of the approved
subcontractor or sub -consultant.
The City shall be named as additional insured with respect to the the Automobile Liability and
Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of
subrogation under those policies. PSC shall provide a Certificate of Insurance to the City as evidence of
coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Copies
of all endorsements are required.
PSC shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the
Texas Labor Code. Further, PSC shall maintain said coverage throughout the term of this Agreement
and shall comply with all provisions of Title 5 of the Texas Labor Code to. ensure that PSC maintains
said coverage. PSC may maintain Occupational Accident and Disability Insurance in lieu of Worker's
Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor
of the City of Lubbock.
Tail Clause —Notwithstanding anything contained herein to the contrary, the professional liability
policy shall be maintained, at Architect's sole cost and expense. The retroactive date shall be no later
than the commencement of the performance of this contract and the discovery period (possibly through
tail coverage) shall be no less than 10 years after the completion of the work specified in the contract.
The provisions of this Article VIII shall survive the termination or expiration of this Agreement.
If at any time during the life of the Agreement or any extension hereof, PSC fails to maintain
the required Insurance in full force and effect, PSC shall be in breach hereof and all work under the
Agreement shall be discontinued immediately.
ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING
OF CONSULTANTS
PSC may employ or retain consultants, contractors, or third parties (any of which are referred
to herein as "Sub-consultant'l, to perform certain duties of PSC provided that City approves the
retaining of Sub -consultants. PSC is at all times responsible to City to perform the Project as provided
in this Agreement and PSC is in no event relieved of any obligation under this Contract upon retainage
of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by PSC
shall be required to carry, for the protection and benefit of the City and PSC and naming said third
parties as additional insureds, insurance as described above in this Agreement.
Page 4 of 10
PSC Agreement — Water Administration Renovations
ARTICLE X. CONFIDENTIALITY
PSC shall retain all information received from or concerning the City and the City's business in
strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
ARTICLE XI. INDEMNITY
PSC SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED
OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES,
CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY,
RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING
OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF PSC, ITS AGENTS, EMPLOYEES,
AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER
THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY
OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF TERMINATION OF THIS
AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
PSC shall comply with applicable federal, state and local laws, statutes, ordinances, rules and
regulations relating, In any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from PSC to City or City to PSC is required or permitted by this
Agreement and no other method of notice Is provided, such notice shall be given by (1) actual delivery
of the written notice to the other party by hand (In which case such notice shall be effective upon
delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing
the written notice in the United States mail, properly addressed to the other party at the address
provided in this article, registered or certified mail, return receipt requested, in which case such notice
shall be effective on the third business day after such notice Is so deposited.
B. PSC's Address. PSC 's address and numbers for the purposes of notice are:
Mike Moss, A.I.A. — Firm Principal
4222 85"' Street
Lubbock, TX 79423
Telephone: (806)473-2200
Email: mmoss@team-psc.com
Page 5 of 10
PSC Agreement — Water Administration Renovations
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: Wesley D. Everett — Director Facilities Management
P. 0. Box 2000
1625 13th Street
Lubbock, TX 79457
Telephone: (806) 775 — 2275
Email: Weverett@mylubbock.us
D. Change of Address. Either party may change its address or numbers for purposes of notice
by giving written notice to the other party as provided herein, referring specifically to this Agreement,
and setting forth such new address or numbers. The address or numbers shall become effective on the
15th day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA
City shall furnish PSC any available data in the possession of the City pertinent to PSCs
Services, so long as City is entitled to rely on such data for the performance of PSCs Services under this
Agreement (the "Provided Data'j. PSC shall be entitled to use and rely, so long as such reliance is
reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience In identifying the provisions to this Agreement and shall
not be given any effect in construing this Agreement.
B. Audit. PSC shall provide access to its books and records to the City. The City may audit, at
its expense and during normal business hours, PSCs books and records with respect to this Agreement
between PSC and City.
C. Records. PSC shall maintain records that are necessary to substantiate the services
provided by PSC.
D. Assignability. PSC may not assign this Agreement without the prior written approval of the
City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and PSC,
and in the case of City, its respective successors, legal representatives, and assigns, and in the case of
PSC, its permitted successors and assigns.
F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN
LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
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.
Page 6 of 10
PSC Agreement — Water Administration Renovations
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by
any court of competent jurisdiction with respect to any person or circumstances, the remainder of this
Agreement and the application of such provision to persons and/or circumstances other than those with
respect to which it Is held invalid or Ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement
shall be binding unless such amendment, modification, or alteration Is in writing, dated subsequent to
this Agreement, and duly authorized and executed by PSC and City.
I. Entire Agreement. This Contract, Including Exhibits "A" and "B attached hereto, contains
the entire Agreement between the City and PSC, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture,
joint enterprise, partnership or principal — agent relationship between PSC and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared
by PSC as part of the Project hereunder, shall become the property of the City when PSC has been
compensated as set forth in Article II, above. PSC shall make copies of any and all work products for its
files.
L. Notice of Waiver. A waiver by either City or PSC of a breach of this Agreement must be in
writing to be effective. In the event either party shall execute and deliver such waiver, such waiver
shall not affect the waiving party's rights with respect to any other or subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than City and PSC.
N. Extent of Responsibility. PSC does not guarantee that proposals, bids or actual project costs
will not vary from PSC's opinions of probable cost or that actual schedules will not vary from PSC's
projected schedules. PSC shall not be responsible for: (1) construction means, methods, techniques,
sequences, procedures, or safety precautions and programs in connection with the Project; (2) the
failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to PSC,
to fulfill contractual responsibilities to the Client or to comply with federal, state, or local laws,
regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction
unless such responsibilities are specifically assigned to PSC in Exhibit A, Scope of Services.
O. Unforeseen Circumstances. Except for Client's obligation to make payments, neither party
shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond
such party's reasonable control. PSC shall be entitled to an equitable adjustment In schedule and
compensation In the event such circumstances occur.
P. Nan -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 of the then -
current fiscal year or when the appropriation made for the then current year for the goods or services
covered by this contract Is spent, whichever event occurs first. If at any time funds are not
appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty
(30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not
be obligated under this contract beyond the date of termination.
Page 7 of 10
PSC Agreement — Water Administration Renovations
EXECUTED as of the Effective Date hereof.
CITY OF LUBBO K
Glen C.�Uentson
Mayor
ATTEST:
cc i Garza -
City retary
APPROVED AS TO CONTENT:
Wesley D. Everett
APPROVE AS (TOFOIR-M:
Chad Weaver, Assistant City Attorney
Parkhill Smith & Cooper
Mike Moss, A.I.A.
Firm Principal
Page 8 of 10
PSC Agreement — Water Administration Renwabons
EXHIBIT A
PSC Agreement — Water Administration Renovations
Page 9 of 10
EXHIBIT A
PARKHILLSMITH&OOOPLH
r
April 3, 2014
Mr. Wes Everett
City of Lubbock
Facilities Manager
P.O. Box 2000
Lubbock, Texas 79457
RE: Agreement for Professional Services to Renovate the Existing City of Lubbock Water Department
Office Space.
Dear Wes,
Parkhill, Smith & Cooper, Inc. (A/E) is pleased to have the opportunity to provide Architectural and
Engineering services to the City of Lubbock (the Owner) for the interior remodel of the existing Water
Department office space totaling approximately 10,725 sq. ft. (includes conversion of the existing kitchen
and dining room space) located in the Municipal Hill Operations Facility (the Project) located at 404 E.
Municipal Drive in Lubbock, Texas.
We understand the Scope of Services you require to be:
1. Based on the mutually agreed upon understanding of the program requirements, schedule and
construction budget requirements, the AIE will prepare for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and relationship of Project
components.
2. The A/E will submit to the Owner a preliminary Opinion of Probable Construction Cost based on current
area, volume and other unit costs.
3. Based on the approved Schematic Design Documents and any further adjustments in the scope or
quality of the Project or in the construction budget authorized by the Owner, the A/E will prepare, for
approval by the Owner, Design Development Documents setting forth the final configuration of Project
components and the products to be used for the construction of the Project.
4. Based on the approved Design Development Documents and any further adjustments in the scope or
quality of the Project or in the construction budget authorized by the Owner, the A/E will prepare, for
approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth
the requirements for the construction of the Project.
5. The A/E will assist the Owner in the preparation of necessary proposal information.
6. The AVE will advise the Owner of any adjustments to previous Opinion of Probable Construction Costs
required by changes to the scope or market conditions.
Abilene Amarillo EI Paso Las Cruces Lubbock Midland team psc.com
City of Lubbock Page 2 April 3, 2014
7. The A/E will inform the Owner to the best of their knowledge and will assist the Owner in connection
with the Owner's responsibility for filing documents required for approval of governmental authorities
having jurisdiction over the Project.
8. The A/E, following the Owner's approval of the Construction Documents and of the latest Opinion of
Probable Construction Cost, will assist in obtaining proposals for construction of the Project.
9. The A/E will be the representative of and will advise and consult with the Owner during construction
until the final payment to the Contractor is due. The A/E will have authority to act on behalf of the Owner
only to the extent provided in this Agreement unless otherwise modified by written instrument.
10. The A/E will visit the site at intervals appropriate to the stage of construction or as otherwise agreed by
the City of Lubbock and A/E in writing to become familiar with the progress and quality of the work
completed and to determine in general if the work is being performed in a manner indicating that the
Project when completed will be in accordance with the Contract Documents. However, the A/E will not
be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the
Work. On the basis of on-site observation as an architect or engineer, the A/E will keep the Owner
informed of the progress and quality of the work.
11. Based on the A/E's observations and evaluations of the Contractor's Applications for Payment, the A/E
will review and certify the amounts due the Contractor.
Specifically excluded from our scope of services are:
■ Surveys and Geotechnical Reports
■ Asbestos and Hazardous Materials Studies
■ Third -party Independent Construction Inspection Services
■ Construction Material Testing
Our fees for the services described above will be based on a lump sum amount of $114,000 and will be
billed on a percentage complete method. Should the scope of services described above change during the
Project, the lump sum amount will be adjusted either up or down by a mutually agreed upon amount or
based on an hourly rate method using the A/E's standard hourly rate schedule.
Reimbursable expenses will be billed at invoice cost plus a fifteen percent markup for handling costs.
Reimbursable expenses include, but are not limited to, fax communication, long distance phone charges,
photographs, postage, reproductions/copies, color plots/prints, accessibility review and inspection fees,
reproduction of Contract Documents and reports. We estimate these expenses to be
approximately $3,000.00.
Current Texas law does not provide for taxes on professional services other than taxes included with
licensing fees. All licensing fees are included in our overhead and will not be in addition to the fees
enclosed. However, the legislature is studying different taxation methods including taxes on professional
services. If legislation is passed to that effect, taxes (if applicable) will be in addition to the fees enclosed.
Many issues such as the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS) and
hazardous materials are of great concern to both building owners and to architects and engineers. The
enclosed Standard Conditions gives a brief explanation of several of those issues and defines the roles
and responsibilities for each party involved in this agreement. We will be glad to discuss these issues with
you at your convenience.
City of Lubbock Page 3 April 3, 2014
You may indicate your acceptance of this agreement and the attached Standard Conditions by returning
one signed copy of this letter to our office. Unless another date is specified, we will consider receipt of the
letter as authorization to proceed.
We appreciate the opportunity to provide professional services to you and look forward to the successful
completion of your project. If you have any questions please do not hesitate to call us.
Sincerely,
PA K�SMITH COOPER, INC. (A/E) CITY OF LUBBOCK (OWNER)
By `� Accepted By:
Bill No nan, AIA
Firm PlIlincipal Title:
IN DUPLICATE
Enclosures
"The Texas Board ofAmhitectural Examiners, P.O. Box 12337, AusBn, Texas 78711-2337 or333 Guadalupe, Suite 2-
350,Austin,Texas78701-3942,(512) 305.9000, w Jbae.state.tx.us hasJudsdiction overcomplaints regarding the
professional practices of persons registered as architects in Texas."
Parkhill, Smith & Cooper, Inc.
Hourly Rate Schedule
Client: City of Lubbock Current through December 31, 2014
Project: Renovation of the Existing City of Lubbock Water Department Office Space
Agreement Date: April 3, 2014 January 1, 2014
Classification Hourly Rate Classification Hourly Rate
PROFESSIONAL LEVEL VII
Mechanical & Electrical
Civil & Structural
Architect, Landscape & Interior
PROFESSIONAL LEVEL VI
Mechanical & Electrical
Civil & Structural
Architect, Landscape & Interior
PROFESSIONAL LEVEL V
Mechanical & Electrical
Civil & Structural
Architect, Landscape & Interior
PROFESSIONAL LEVEL II
$210.00 Mechanical & Electrical
$205.00 Civil & Structural
$194.00. Architect, Landscape & Interior
Technologist
Resident Project Representative
Administrative
$193.00
$186.00
$164.00
$171.00
$167.00
$152.00
PROFESSIONAL LEVEL IV
Mechanical & Electrical $140.00
Civil & Structural $137.00
Architect, Landscape & Interior $127.00
Resident Project Representative $127.00
Technologist $123.00
PROFESSIONAL LEVEL III
Mechanical & Electrical $118.00
Civil & Structural $115.00
Architect, Landscape & Interior $107.00
Resident Project Representative $107.00
Technologist $107.00
Expenses
PROFESSIONAL LEVEL I
Intern
Technologist
Resident Project Representative
Administrative
SUPPORT STAFF III
Technician
CADD
Project Assistant
Administrative
SUPPORT STAFF II
Technician
CADD
Administrative Secretary
Project Assistant EL
Administrative
SUPPORT STAFF I
Student EL
CADD EL
Administrative EL
$99.00
$98.00
$95.00
$95.00
$95.00
$95.00
$87.00
$84.00
$76.00
$44.00
Reimbursement for expenses, as listed below, but not limited to, incurred in connection with the services, will beat cost plus fifteen percent for
items such as:
1. Maps, photographs, postage, telephone, reproductions, printing, equipment rental, and special supplies related to the services.
2. Consultants, soils engineers, surveyors, contractors, and other outside services.
3. Rented vehicles, local public transportation and taxis, road toll fees, travel, and subsistence.
4. Special or job specific fees, insurance, permits, and licenses applicable to the work services.
5. Mileage at IRS approved rate.
Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as an expense.
The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2014 through
December 31, 2014. After December 31, 2014, invoices will reflect the Schedule of Charges currently in effect.
R1Cierk ahAGRES20141CKy of LubbeddLPdr.1WAGE-2014-MuWp1e Rates 040314.doc
EXHIBIT B
PSC Agreement — Water Administration Renovations
Page 10 of 10
J
11 1=VWIRIT G
AC,DRD CERTIFICATE OF LIABILITY INSURANCE
3/18/201"'
03/18/2014
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
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) 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 end s .
PRODUCER
Wjr Jim Zachary
CECIL-DUNN INSURANCE AGENCY
P. O. SOX 3870
PRONE (806) 747-3404 F (006) 747-1527
.jimxachary@cecildunninsurance.com
4120 AVENUE Q
LUBBOCK TX 79452-
(NSU s AFFCRDWO COVERAGE NAIL •
INSURERA:Travelers Indemnity Co. 25658
INSURED
Parkhill, Smith 6 Cooper Inc.
w mme:Traverers Lloyds Insurance Co. 41262
INSURER C:
INSURER D:
4222 85th Street
Lubbock TX 79423-
INWRIERE
INSURER F
L.UYGKAUMN CFRT.FICATF NINFARP0• wr.nw.w.•..,,u..�--. _
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCER0
UUL
UK
EF
EXP
UNITS
B
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABAITYPRE
CLADAS-MADE ® OCCUR
Y
Y
ACP -3C240454 -TLC -12
9/30/2013
/ /
9/30/2014
/ /
EACH OCCURRENCE >< 11000,00
SES ffit ,mmmi $ 300,00
MED EXP one S 10,00
PERSONAL & ADV INJURY t 1,000,00
GENERAL AGGREGATE S 2,000,00
GEKL AGGREGATE LIMIT APPLIES PER
POLICY FRI PR LOC
PRODUCTS . COMPiOP AGG S 2,000,00
/ /
/ /
/ /
/ /
kOWND f
A
AUTOMOBILE LIABILITY
ANY AUTO
X ALL OWNED SCHEDULED
AUTOS AUTOS
X HIRED AUTOS X N��WNED
X LaatoO
Y
Y
BA -34232665A
09/30/2013
/ /
/ /
/ /
09/30/2014
/ /
/ /
/ /
WED WNCU
1,000QO
BODILY INJURY (PIs pamm) 6
BODILY INJURY (Pm =4W) 0
PROPER E 1
AUMBRELLA
A
X
LIAB
EXCESS LIAR
X
OCCUR
CtAAIS VADE
Y
N r A
Y
Y
-003C990923
-US-397ST59-9-12
9/30/2013
/ /
9/30 2013
9/30/2014
/ /
9 30/2014
EACH OCCURRENCE S 5,000,00
AGGREGATE t 5,000,00
DED I X I RETDMCW S 10,000
W O r, RICERS NABfUTt
ANY PROPRIETORIPARTNERMXECUTIVE Y / N
OFF EM EXCLUDED'+ N
X V11C TATO, OTH• 6
E L EACH ACCIDENT 3 1-000-00
fmanda*n In ER
pyoa, desusb �
OESCRIPTiON OF OPERATIONS Qafov
/ /
/ /
/ /
/ /
DISEASE . EA EMPLOYS 1,000,00
FIEL
DISEASE • POLICY LMtT I f 1 000 00
nPREMOTen>.1
ne neaoenn.,u , , ......w..e ...........
.
Project: 03.8716.14 /City of Luilbook Wager 6 LP6L Renovation.
The certificate holder is shown as Additional Insured on the General Liability, Auto and Umbrella
policies. These policies are primary and non-contributory. A Waiver of Subrogation applies in favor of
the certificate holder for Workers Comp, General Liability, Auto and Umbrella policies. A 30 day notice
of cancellation or material change of the policies applies.
City of Lubbock
Attn: Was Everett
PO Box 2000
Lubbock TX 79457-
ACORD 25 (2010105)
INCA94,+n.,w.n• —. - . -.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
REPRESENTATIVE
®1988.2410 ACOf3b CORPORATI . All richts rou,,,, r
.�•� EXHIBIT B
' ACOTo
CERTIFICATE OF LIABILITY INSURANCE
��
DATE 18/2014IY4
3/18/2REP
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
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) 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
McLaughlin Brunson Insurance Agency, LLP
12801 N. Central Expressway
Suite 1710
Dallas TX 75243
CONTACT
NAME: Joseph A Bryant
PHONE FAX
214 503-1212 Alc No: 214 503-8899
Ac REBS:
GENERAL LIABILITY
INSURER(S) AFFORDING COVERAGE NAIC S
INSURER A:XL Specialty Insurance Company 37885
INSURED
Parkhill, Smith i Cooper, Inc.
INSURER B:
PREMISES (Fa oacwTence) $
INSURERC:
INSURER D:
4222 85th St.
INSURER E:
Lubbock TX 79423
INSURER F:
COVERAGES CERTIFICATE NUMBER: Cert ID 23564 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INLICY
LTBRR
TYPE OF INSURANCE
City of Lubbock
POLICY NUMBER
EFF
MMD
POLICY EXP
MID
LIMITS
p
GENERAL LIABILITY
EACH OCCURRENCE S
PREMISES (Fa oacwTence) $
COMMERCIAL GENERAL LIABILITY
CLAIMSMADE F—I OCCUR
MED EXP one S
PERSONAL & ADV INJURY $
GENERAL AGGREGATE S
GENT AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMPIOP AGG S
$
POLICY PRO LOC
AUTOMOBILE LABILITY
COMBI l l
BODILY INJURY (Per person) S
ANY AUTO
BODILY INJURY (Per acddenl) S
ALL OWAUT
AUTOSHIRED
�OPERTY DAMAGE S
AUTOS AUTOS
S
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE S
AGGREGATE S
EXCESS LIAB
CLAIMS 4ADE
DED I I RETENTION
f
WORKERS COMPENSATION
I WC STATU OTH-
TORY LIMITS ER
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXFCVTNE
E.L. EACH ACCIDENT S
OFFICERM EMBER EXCLUDED? [::]
(Mandatary In KH)
N / A
E.L. DISEASE - EA EMKOYEE, EMPLOYEE,S
E.L. DISEASE - POLICY LIMIT S
N desame under
DESCRIPTION OF OPERATIONS below
A
Professional Liability
N
Y
DPR9712653
1/10/2014
1/10/2015
Per Claim $ 2,000,000
Annual Aggregate $ 4,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atlaeh ACORD 101. AdcAdonal Remarks Sdwduls, N man apse Is requbrd)
The claims made professional liability coverage is the total aggregate limit for all claims
presented within the policy period and is subject to the deductible. A waiver of subrogation in
favor of the cerificate holder on the professional liability policy.
RE: 03.8716.14/City of Lubbock slater i LPiL Renovation
CFRTIFICATF un1 r1FR CANCFLLATIQN
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Lubbock
Attn: Nes Everett
AUTHORIZED REPRESENTATIVE
A
PO Box 2000
Lubbock TX 79457
p
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD