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HomeMy WebLinkAboutResolution - 2021-R0509 - Contract 16316 with TBG Partners - Downtown Civic Park 12.14.21Resolution No. 2021-R0509 Item No. 6.16 December 14, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Professional Services Agreement No. 16316 for des development and construction documents for a Civic Park in Downtown Lubbock, by between the City of Lubbock and The Broussard Group Inc., dba TBG Partners, a Te corporation and related documents. Said Contract is attached hereto and incorporated in resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: V'Od"O'. , --e— ')c Reb cca Garza, City Secr ary AS TO December 14, 2021 STEVE �i►.: / ,��! ' PRO TEM Gerardi, Director\Qf Bu_dness Development APPROVED AS TO FORM: elli Leisure, Assistant City Attorney ccdocs/RES.PSA-No. 163 16 Civic Park design and construction - TBG Partners 12.02.21 Resolution No. 2021-R0509 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16316 is entered into this 14th day of December , 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and The Broussard Group Inc, dba TBG Partners, (the "Architect"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Architect to provide professional services for Design Development and Construction Documents for a Civic Park, (the "Activities"); and WHEREAS, the Architect has a professional staff experienced and is qualified to provide professional architectural services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Architect to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Architect to provide professional services related to the Activities, and Architect desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Architect hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of thirty six (36) months. If the Architect determines that additional time is required to complete the Services, the Business Development Director may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 12 ARTICLE II. SERVICES AND COMPENSATION A. The Architect shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Architect shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $971,000, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Architect. In the event this Agreement is so terminated, the City shall only pay the Architect for services actually performed by the Architect up to the date the Architect is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Architect breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Architect is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Architect has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2 of 12 of the Architect. This Agreement constitutes legal, valid, and binding obligations of the Architect and is enforceable in accordance with the terms thereof. D. Architect. The Architect maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Architect will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Architect warrants that any materials provided by the Architect for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Architect shall be solely responsible for ensuring that any materials provided by the Architect pursuant to this Agreement satisfy this requirement and the Architect agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Architect's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Architect shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Architect and the City agree that the Architect shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Architect has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Architect and the Architect's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 12 ARTICLE VIII. INSURANCE The Architect shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Architect shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Architect to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Architect shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Architect herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Architect shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Page 4 of 12 Labor Code. Further, the Architect shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Architect maintains said coverage. The Architect may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Architect fails to maintain the required insurance in full force and effect, the Architect shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Architect's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Architect may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Architect, as set forth on Exhibit A, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Architect is at all times responsible to the City to perform the Services as provided in this Agreement and the Architect is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Architect shall be required by the Architect to carry, for the protection and benefit of the City and the Architect and naming said third parties as additional insureds, insurance as described above required to be carried by the Architect in this Agreement. The Architect represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Architect shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5 of 12 ARTICLE XI. INDEMNITY THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ARCHITECT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Architect shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Architect to the City or the City to the Architect is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Architect's Address. The Architect's address and numbers for the purposes of notice are: TBG Partners Elaine Kearney, PLA 430 Austin Street Suite 100 San Antonio, Texas 78215 Telephone: 210.366.9933 Email: Elaine.kearney@tbgpartners.com Page 6 of 12 C. City's Address. The City's address and numbers for the purposes of notice are: Marta Alvarez Director of Purchasing City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: malvarez@mylubbock.us Telephone: 806.775.2572 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Architect non -confidential studies, reports and other available data in the possession of the City pertinent to the Architect's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Architect's Services under this Agreement (the "Provided Data"). The Architect shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Architect shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Architect's books and records with respect to this Agreement between the Architect and the City. C. Records. The Architect shall maintain records that are necessary to substantiate the services provided by the Architect. D. Assignability. The Architect may not assign this Agreement without the prior written approval of the City. Page 7 of 12 E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Architect, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Architect, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Architect and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Architect, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Architect and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Architect as part of the Services hereunder, shall become the property of the City when the Architect has been compensated as set forth in Article H, above. The Architect shall retain intellectual property rights to unique design elements developed specifically for this project. The Architect shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Architect of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver Page 8 of 12 such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Architect. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Architect on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Government Code 2274. By entering into this Agreement, the Architect verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If the Architect is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, the Architect verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Page 9 of 12 The Architect represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If the Architect is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, the Architect verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. R. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the architect or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, the Architect agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. S. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 10 of 12 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Re ca Garza, City Secre OVED AS TO Brianna Gerardi, Businbss Ddvelopment Director gi ED AS TO FORM: z *9WA(LI elli Leisure, Assistant City Attorney Firm TBG Partners By: EK4ie Kearney, PLA, Managfg Principal Page 11 of 12 i* 12/03/2021 TBG Lubbock Civic Park Exhibit A: Scope of Work This project consists of the design of a new Civic Park at 1301 Broadway Street in downtown Lubbock on the site of the former LP&L building. The site is approximately 1.84 acres in size and is bounded by Broadway, Avenue M, Avenue L, and 13th Street. The design team will assist the City of Lubbock to develop an early site package with plans describing the demolition of the existing LP&L Building and site preparation for park construction. Development of contract documents will be based upon the 'Base Scope' park scheme as approved by City Council with an associated construction budget of $5.89M. Please reference the Schematic Design package for detailed scope assumptions. TBG will lead the preparation and development of the site design and implementation documents to include the following: 01_ Coordinate demolition of the existing LP&L Building and parking structure as well as any other site remnants (within the footprint of the city block only) which are deemed hazardous or undesirable to the future park development. 02_ Present and receive feedback from the downtown TIF board and city staff during design development and construction documents; serve in a liaison role to support the park fundraising committee. 03_ Development of park brand and signage package, to include donor recognition elements, wayfinding and other miscellaneous signage. 04_ Coordinate and document park improvements to include paved pedestrian areas, lawn, trees, planting areas, irrigation, fixed and moveable furnishings, site lighting, shade structure with restrooms, stage, and interactive water feature (as described in the Schematic Design Package). 05_ AudioNisual infrastructure to support events or performances using portable P.A. equipment and basic integrated site lighting (i.e. no permanent theatrical lighting, rigging or speakers). 06_ Mechanical, electrical, plumbing and drainage infrastructure to support park functionality. TBG 430 austin street suite 200 san antorno, tx 78215 12101 366 9933 tbgpartners.com Lubbock Civic Park 12/03/2021 Supporting Scope Exhibit Reference the exhibit below for our understanding of the current program and desired site improvements which serve as the basis for this Scoping Document. In the event that the Project scope changes significantly after contract, TBG reserves the right to revise the Scope of Services and associated fee allocations to align with the scope modifications. excludes broadway I; I Note: The rendering shown above represents our best conceptual understanding of the scope intent and approximate budgets for the Project at this time. Substantive scope changes may require consideration of Additional Services. Note: exact layout, programming, and amenities are still to be confirmed during the design process and may result in a different configuration of built elements than shown above. N Project Team Lubbock C.vic Park 12/03/2021 Discipline - Role Landscape Architect & Prime Consultant Local Landscape Architect MEP Engineering Civil/Survey/Entitlements Architect Wayfinding & Signage Geotechnical Structural Engineering Audio/Visual Irrigation Design Water Feature Consultant Cost Estimating Scope of Services Company TBG Partners Prairie Workshop Fanning Fanning & Assoc. Hugo Reed & Associates Overland Partners RSM Design Terracon Thorton Thomasetti Wrightson I Johnson I Haddon Williams Hines OTL Vermeulens TBG's design process divides the Scope of Services into three distinct phases: Discovery, Development, and Delivery. By adhering to these three phases in our design process, projects move seamlessly from an idea to implementation. Discovery To research, analyze and understand the existing site context as well as programmatic opportunities and constraints. Critical tasks within Discovery include: — Pre -Design / Site Inventory and Analysis Development To develop the Project vision and craft its form and function, from design through documentation, including these ongoing tasks: — Schematic Design — Design Development — Construction Documentation Delivery To consult on the implementation of the Project's vision through the construction phase, ensuring compliance with the intent of the overall design and its accompanying story. Tasks include: — Bidding and Negotiation Assistance — Construction Observation Lubbock Civic Park 12/03/2021 Discovery Task One COMPLETED UNDER PREVIOUS CONTRACT Pre -design / Site Inventory and Analysis Description of Services TBG will work with the Project team to study and evaluate the existing conditions of the site and to organize opportunities and constraints that will impact potential design solutions. Development Task Two COMPLETED UNDER PREVIOUS CONTRACT Schematic Design Des i):i,n of Servire, TBG will facilitate a series of public input sessions and stakeholder meetings to determine critical social, environmental and economic performance expectations for the Project. TBG will develop a schernatic design package for the Project, accommodating the program based on the Client's and Design Team's objectives, as determined above. Schematic design will serve to organize the site with program elements, optimize spatial and performance objectives and begin to establish an overall design framework/design approach. Task Three Demolition Description of Services The design team will coordinate demolition of the existing LP&L Building and parking structure, as well as any other site remnants which are deemed hazardous or undesirable to the future park development. Deliverables — Site demolition set to identify items to be demolished via the City's on -call demolition contractor. It will also identify utility and tree protection plans for elements to remain, as well as geotechnical specifications for backfill; and temporary re -seeding of the site. — Note: All necessary permits, Environmental testing, remediation, traffic control and SWPPP will be the responsibility of the City and/or demolition contractor. — The design team will serve in a liaison or advisory role to the City for temporary park activations and signage. Lubbock Civic Park 12/03/2021 Task Four Design Development Ue, .cription of Services TBG will work with the Client and consultant team to further develop and coordinate the design concepts for the Project based on approval of the schematic design package and associated project budget. This task will serve to finalize the site plan, location of major utilities, and selection of materials for the Project. Deliverables — 50% DD package for internal team coordination. 100% DD package: o Hardline plan enlargements, details, sections, elevations and material images to communicate design direction and intent for all disciplines. o Design coordination between disciplines to ensure essential utility coordination. o Image compilation and presentation of recommended materials selections (to communicate design intent, character, mood, look and feel), including hardscape, softscape, landscape and architectural elements. o Note: The Shade Armature will be developed to allow for pricing with focus on sub -structure footings. o Supporting perspectives or 3D models sufficient to convey the design intent to the public and stakeholders. o Outline specifications. o Identification of possible primary art locations. Liaison role to City for possible Public Art RFP. — Submit documents for Site Plan Review, if needed. — Set will be issued digitally to the Owner at the stages listed above — Ongoing virtual Team coordination meetings (bi-weekly) — One (1) trip by TBG Partners to present DD plan to Downtown TIF Board, and City Council. — Basic support/liaison to Downtown TIF Board on fundraising. — Support staff presentation to The Planning & Zoning Commission — One additional progress presentation to the Downtown TIF Board (virtual). — Note: The design team can provide an optional add service in order to play a larger role in the fundraising effort. Lubbock Civic Park 12/03/2021 Task Five Cost Estimating Description of Services Working with a professional cost estimator, TBG will oversee the production of a cost estimate based off the 100% Design Development set and confer with the City on the overall budget relative to the fundraising efforts. D�Iiverables — 100% DD cost estimate. — If value engineering is required, TBG will provide options and recommendations to maintain budget conformance before beginning Construction Documentation. — For an add -service, additional rounds of pricing can be completed at other milestone deliverables. Task Six Construction Documentation Description of Services TBG will prepare construction drawings and specifications to properly describe the scope of the Project. These documents will be suitable for review and for bidding purposes. Del verables — Sets will be issued to the client at 50%, 95% and 100% IFC -Permit milestones. ❑ Plan layout of all architectural improvements, utilities, grading, site hardscape, planting, irrigation and site amenities. o Construction Detailing that supports all design elements; coordinated between disciplines. o Technical specifications to describe the quality of craftsmanship and materials for the Project. ❑ Signed and sealed drawings, suitable for permit and construction. o Footings /lighting for primary art locations (if art type and location has been identified by the start of CD's.) Footings for the future shade structure will be included in basic services. For an additional service, the design team may provide documentation for a fully designed shade armature. — Set will be issued digitally to the Owner at the stages listed above. — (1) complete printed set will be provided t5rt4o the client at 100% IFC. — Ongoing virtual Team coordination meetings (bi-weekly) — One (1) trip by TBG Partners to present CD plans to Downtown TIF Board, The Planning & Zoning Commission and City Council for final approval. — One (1) additional virtual progress presentation, as needed. Lubbock Civic Park 12/03/2021 Delivery Task Seven Bidding and Negotiation Assistance Description of Services TBG will work with the Client to issue supplemental instructions and clarifications as needed during this task. We will also assist the Client in reviewing bid tabulations and make recommendations regarding qualified subcontractors. TBG will provide the following services during this task: — Respond to questions during the bidding and/or contract negotiations — Assist in the interview/recommendation of general contractors. Deliverables — Clarification of addenda and/or supplemental drawings as required — Attendance at one virtual (1) pre -bid meeting — Meeting with the Client and Design Team to review and comment on bid tabulations and Contractor recommendations — maximum of two (2) virtual meetings Task Eight Construction Observation Descnpt-on of Services TBG and design team will review, mark-up and return submittals, shop drawings and RFI's related to the project. TBG and design team will visit the site during construction and be present for the Client's meetings as indicated below. We will observe the work of the Contractor to generally determine performance and quality of the construction as related to the intent of the construction documents and specifications. TBG will not be not be responsible for supervising construction, responsible for defects in construction or for identifying defects, or for safety, but simply observing for general conformance to the construction documents. In this capacity, TBG will observe site preparation, foundations, utilities, grading, architecture, hardscape, planting, and irrigation installation. TBG will assist in the determination of the Contractor's substantial completion and prepare a punch list initiating the contractor's maintenance and warranty obligation. Included within this scope will be: Deliverables — Review submittals, RFIs and shop drawings. — Allows for design team representation (as needed) at on -going OAC meetings (assumed to be held every other week for the duration of the project). Out of town consultants will attend virtually. — Allows for the following maximum number of in -person OAC meetings/ construction site visits, per discipline: Lubbock Civic Park 12/03/2021 Discipline Design Landscape Architect (Prime) Local Landscape Architect Civil Engineer Architect Branding / Wayfinding / Signage Water Feature Consultant Structural Engineer Audio / Visual MEP Irrigation Design Geotech Cost Estimating Firm Max # of In -Person Construction Site Visits TBG Partners 6 Prairie Workshop 24 Hugo Reed & Associates 24 Overland Partners 6 RSM Design 2 OTL 3 Thorton Thomasetti 3 WJHW 1 Fanning Fanning & Assoc. 10 Hines 1 Terracon 2 Vermeulens n/a — TBG will provide written field reports based on comments and site observations. — TBG will provide a substantial competition and final punch list report. — Note, the estimated period of construction is anticipated to be 12 months. Should construction be extended based on events beyond TBG's control (ex: delays caused by weather, supply -chain issues, or contractor performance) may be cause for additional services. Scope Assumptions — TBG understands that the Project will be delivered as one (1) construction document package. Client understands and agrees that division of documents into multiple phases or releases will result in compensation for additional services. — This project will be developed and delivered with a combination of AutoCAD, Civil3D and Revit platforms, as best suited to each discipline. All submissions will be provided to the City in digital PDF format. — TBG assumes no responsibility for the accuracy of survey, geotechnical, legal descriptions of the property, etc. performed by others and will not be liable for errors or omissions therein or the effect of same on TBG's work. Scope Inclusions — Landscape Architecture design o Coordination and oversight of design team o Overall site and hardscape design o Finish grading o Planting design o Detailing of all site materials and selection of site furnishings o Site Lighting 9 Lubbock Civic Park 12/03/2021 o Ramps, stairs, site walls, fences and handrails o TDLR registration o Building/Site Permits — Architectural Design of a Park pavilion with restrooms; Stage o Programming (rooms/area/s/f) o Site plan, building floor plans, sections, exterior and interior elevations 0 3D digital model, perspective illustrations o Sustainable design strategies o Utility coordination for plumbing, etc. o Architectural interior design/finish selections o Exterior material and hardware selections o Coordination with Structural Engineer on base scope and to determine needs for possible future Shade Armature foundation. — Structural Engineering o Roof framing, walls, foundations for Park Pavilion and Stage o Structural design of Shade Armature thru design development. o Input on feasibility of re -using portions of the building basement for water feature o Review of miscellaneous site improvements such as light pole footings, site walls or monument sign footings — Municipal Engineering Services o Sewer and water relocation o Street grading and design for curb modifications — Civil engineering o Mass grading o Site utilities o Site drainage analysis and design o Demolition o Site paving design o Utility coordination for relocation due to easements/ alleys to be closed — Replatting and Easement Closures — Irrigation design o Design of a fully operational automatic irrigation system, controller, etc. based on water supply from a domestic city source — Water Feature o Water feature design including jets, nozzles, water filtration system, electrical and water needs. o Structural design of the splash pad slab and any related plumbing penetrations. Coordination with project structural engineer to tie into adjacent structures/decks. — MEP Engineering 10 Lubbock Cmc Park 12/03/2021 o Water, power and sewer needs for restrooms, drinking fountains and water feature vault. o Park Lighting and switching drawings in conjunction with landscape architect -selected fixtures o Power/Multi-event Infrastructure o Rework of utilities within the park area — Audio Visual Consulting o Acoustic Analysis o Recommendations for lighting to achieve basic theatrical lighting at the stage o A/V infrastructure — Branding/Signage o Park Brand Narrative & Vision o Signage design and locations o Park Identity Monument o Pavilion/Stage Identity (name provided by client) o Restroom and ADA plaques o Park Rules/Regulations (copy provided by client) o Donor Recognition Wall (thru concept design only) — Site Plan Review Committee, Building and Site permit submittals — TDLR submission via Registered Accessibility Consultant (RAS). Base Scope Exclusions — As -built documentation — LEED (or comparable) certifications — Major redesign value engineering tasks due to change in client's scope or budget. — Architectural Design o Excludes conditioned interior spaces designed for congregation of the general public o Post -occupancy evaluation o Full detailed design of the shade armature — Environmental o Lead -in -paint; Mercury; PCBs; Radiation Remediation — Civil Engineering o Construction Staking of municipal improvements (by contractor, or offered as an alternate) o Construction staking for private improvements o Zoning services 1 Lubbock Civic Park 12/03/2021 o Utility coordination for relocation of any franchise utilities o Title attorney fees for preparation of legal documents o Existing subsurface utility engineering or exploration o Stormwater pollution prevention plans o Materials testing and inspection o Traffic control plans o Traffic engineering services o Signalization o Resident project representative services — Geotechnical (part of separate Demolition scope. See Exhibit B, Add Service #1) o Basement backfill recommendations and testing o Clearance reports o Geotechnical Report for Park. — Rooftop amenities such as green roofs, roof gardens, rooftop pools or rooftop terraces — Audio Visual Consulting o IT Infrastructure and broadcast cabling o Theatrical Lighting o Environmental Noise Analysis — Branding/Signage o Park Logo/Branding o Temporary Event Signage Armature o Prototype Educational Signage o Prototype Enhanced Parking o Permitting of signage (by signage fabricator) o Donor exhibits or renderings to show individual donors o Logo trademark searches o Parking regulatory signage o Temporary construction/barricade signage o Specialty & Feature Graphics (Beyond SD) ■ Donor Recognition/Dedication Wall ■ Educational/Interpretive Environmental signage ■ Placemaking/specialty feature graphics — Public Art RFP Coordination (except by additional services) — Irrigation design and documentation for systems supplied by reclaimed or auxiliary water systems, e.g. well water, rainwater/condensate harvesting, and Type 1 reclaimed water. — Additional unforeseen reviews or presentations such as Historical Commission, Design review, etc. (additional presentations are listed as an optional service). 2 Lubbock Civic Park 12/03/2021 Budget TBG has been authorized to develop documents for a park with an overall construction budget of $5,890,000 plus an additional $1,000,000 for demolition for the Scope of Services identified above. Should the budget be reduced or increased in excess of 5% between the time of completion of design development and construction documents, TBG will be entitled to compensation for the Additional Services involved. TBG will work with a cost estimator to prepare and manage the development budget related to TBG's work at the end of Design Development. TBG will only proceed with each subsequent task of service upon receipt of Client's authorization. TBG will make suggestions for value engineering, if necessary, to maintain conformance to the construction budget within each task of service. Proposed Schedule Schedule assumptions contained herein are the basis for fees and scope of services proposed, and are dependent upon prompt City review and authorization to proceed with each additional task of work. Significant deviations, delays or pauses to the schedule after contract authorization may also be grounds for Additional Services. Schedule Assumptions Tasx Descrption Time Units Development Task Three Demolition 6-8 Weeks Task Four Design Development 12 Weeks City Comment & Review 2 Weeks Task Five Pricing 4 Weeks City Comment & Review 2 Weeks Task Six Construction Documents 16 Weeks City Permit Review 4 Weeks Delivery Task Seven Bidding and Negotiation Assistance 6 Weeks Contractor Award and NTP 4 Weeks Task Eight Construction Observation 52 Weeks 12/02/2021 TBG 430 austin street suite 200 san antonio, tx 78215 12101 366 9933 tbgpartners.com i* TBG Lubbock Civic Park Exhibit B. Fees for Professional Services Each task has been written on a fee basis as noted below. The fee for this basic Scope of Services will be billed monthly: Task Description Fee Fee Basis Project Management Prime Consultant; General Team Coordination, etc. $ 95,000 Lump Sum Development Task Three Demolition Drawings $ 32,000 Lump Sum Task Four Design Development $ 250,000 Lump Sum Task Five Pricing $ 13,000 Lump Sum Task Six Construction Documents $ 330,000 Lump Sum Delivery Task Seven Bid & Negotiation $ 25,000 Lump Sum Task Eight Construction Observation $ 194,000 Lump Sum Reimbursables Allowance for Travel and Incurred $ 32,000 Lump Sum Project Costs* Total Fees - Not to Exceed $ 971,000 Lump Sum Note. This proposal excludes any and all state and local taxes associated with the project site. Any such taxes required by law will be added to the project fee. *See below for a complete list of reimbursables. 2 Add Services Lubbock Civic Park 12/02/2021 Optional Services can be added to the Basic Scope of Services described above, as desired by the client. They are provided for your reference. Task Fee Fee Basis 1. Geotechnical report and services related to the $ 30,500 Each Demolition of the LP&L building and subsequent backfill, testing foundation recommendations. (Part of demolition allowance). 2. Additional rounds of formal pricing $ 7,000 Each 3. Additional in -person meetings or site visits $ 1,200 Each (beyond base scope) in Lubbock by out -of -area consultants. Per person, per trip. 4. Additional Meetings or Site visits (beyond base $ 400 Each scope) for local consultants. Reimbursables The following reimbursables are accounted for in the Allowance for Travel, Per Diem, and Incurred Project Costs: — Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared directly in connection with the work of this contract — Cost of digital scanning — Cost of printing for small and large format plots furnished or prepared in connection with the work of this contract — Cost of postage, shipping and delivery expenses — PlanGrid charges — Travel and Per Diem lodging and meal expenses, up to the number of trips indicated in the proposal.