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HomeMy WebLinkAboutResolution - 2022-R0512 - Contract 16677 with Stantec Consulting Services 12.13.22Resolution No. 2022-RO512 Item No. 5.8 December 13, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Service Contract No. 16677 for downtown historic district designation as per RFQ 22-16677-MA, by and between the City of Lubbock and Stantec Consulting Services, Inc of Austin, TX 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 ATTEST: ve� )c Reb ca Garza, City Secre APPROVED AS TO CONTENT: December 13, 2022 %AJ g2::�e D. u Ko elich, Chie ial Officer APPROVED AS TO FORM: %Jknw- �.elli Leisure, Assistant City Attorney ccdocs/RES.ServiceContract 16677 Downtown Historic District Designation 12.06.22 Resolution No. 2022-RO512 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16677 is entered into this 13th day of December , 20 22, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Stantec Consulting Services, Inc. (the" Consultant"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Consultant to provide professional services for Consulting Services for Downtown Historic District Designation (the "Activities"); and WHEREAS, the Consultant has a professional staff experienced and is qualified to provide professional Consulting 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 Consultant to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Consultant to provide professional services related to the Activities, and Consultant 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 Consultant 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 20 months. If the Consultant 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 11 ARTICLE H. SERVICES AND COMPENSATION A. The Consultant shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Consultant shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $214,417.69, as set forth in Exhibit `B". C. The City shall pay the Consultant within thirty (30) days of the Consultant's invoices. ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Consultant. In the event this Agreement is so terminated, the City shall only pay the Consultant for services actually performed by the Consultant up to the date the Consultant is deemed to have received notice of termination, as provided herein. The Consultant may terminate this Agreement upon thirty (30) days' notice in writing in the event the City has committed material breach of this Agreement. Non-payment of the Consultant's invoices will be considered a material breach of this Agreement. B. Termination and Remedies. In the event the Consultant breaches any term and/or provision of this Agreement, the City shall be entitled to seek 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 If requested in writing by either the City or the Consultant, the City and the Consultant shall attempt to resolve any dispute between them arising out of or in connection with this Agreement by first entering into structured non -binding negotiations with the assistance of a mediator on a without prejudice basis. The City reserves the right to seek 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. Page 2 of 11 ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Consultant 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 Consultant 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 of the Consultant. This Agreement constitutes legal, valid, and binding obligations of the Consultant and is enforceable in accordance with the terms thereof. D. Consultant. The Consultant 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 Consultant 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 Consultant warrants that any materials provided by the Consultant 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 Consultant shall be solely responsible for ensuring that any materials provided by the Consultant pursuant to this Agreement satisfy this requirement and the Consultant 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 Consultant's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Consultant 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 Consultant and the City agree that the Consultant 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 Consultant has the sole discretion to determine the manner Page 3 of 11 in which the Services are to be performed. During the performance of the Services under this Agreement, the Consultant and the Consultant'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 VM. INSURANCE The Consultant 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 Consultant 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 Consultant 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 Consultant shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Consultant 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 Page 4 of 11 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 Consultant 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 Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Consultant 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 Consultant maintains said coverage. The Consultant 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 Consultant fails to maintain the required insurance in full force and effect, the Consultant 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 Consultant'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 Consultant may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Consultant, as set forth on Exhibit A, attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Consultant is at all times responsible to the City to perform the Services as provided in this Agreement and the Consultant 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 Consultant shall be required by the Consultant to carry, for the protection and benefit of the City and the Consultant and naming said third parties as additional insureds, insurance as described above required to be carried by the Consultant in this Agreement. The Consultant 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 Consultant 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 Page 5 of 11 consent of the City, unless otherwise required by law. The restrictions on the use and disclosure of confidential information do not apply to information which (a) was known to the Consultant before receipt of same from the City; (b) is or becomes publicly known other than through the Consultant; (c) independently developed by the Consultant; (d) provided to the Consultant by a third party that obtained it independently of the City; or (e) is disclosed pursuant to the requirements of a governmental authority or judicial order, but only to the extent required to comply with the said requirements of the government authority or judicial order. ARTICLE XI. INDEMNITY THE CONSULTANT 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 CONSULTANT, 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 XH. COMPLIANCE WITH APPLICABLE LAWS The Consultant 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 XIH. NOTICE A. General. Whenever notice from the Consultant to the City or the City to the Consultant is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 11 B. Consultant's Address. The Consultant's address and numbers for the purposes of notice are: Emily Reed Stantec Consulting Services, Inc. 8401 Shoal Creek Boulevard Austin, Texas 78757 Telephone: 512-831-5204 Email: emily.reed a stantec.com C. City's Address. The City's address and numbers for the purposes of notice are: Brianna Brown Business Development Director City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Email: bgerardi@mylubbock.us Telephone: 806-775-3082 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 Consultant non -confidential studies, reports and other available data in the possession of the City pertinent to the Consultant's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Consultant's Services under this Agreement (the "Provided Data"). The Consultant 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 Consultant 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 Consultant's books and records with respect to this Agreement between the Consultant and the City. Notwithstanding the foregoing, the City's right to inspect, copy and audit shall not extend to the composition of the Consultant's rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units. Page 7 of 11 C. Records. The Consultant shall maintain records that are necessary to substantiate the services provided by the Consultant. D. Assignability. The Consultant may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Consultant, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Consultant, 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 Consultant and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the Consultant, 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 Consultant and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Consultant as part of the Services hereunder, shall become the property of the City when the Consultant has been compensated as set forth in Article II, above. The Consultant shall make copies of any and all work products for its files. Page 8 of 11 L. Notice of Waiver. A waiver by either the City or the Consultant of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Consultant. 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 Consultant 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 Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in Page 9 of 11 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. R. Professional Responsibility. All architectural or Consulting services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or Consultants practicing under the same or similar circumstances and professional license. EXECUTED as of the Effective Date hereof. CITY OF ATTEST:' Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Brianna Gerardi, Business Development Director APPROVED AS TO FORM: & I K lli Leisure, Assistant City Attorney Stantec Consulting Services, Inc. By: [Authorized Si ture] Page 10 of 11 Exhibits A & B Page 11 of 11 EXHIBIT A: SCOPE OF SERVICES Task 1. Initiation and Project Management This task will capture the initiation and project management (internal and external) throughout the historic resources survey, National Register of Historic Places (NRHP) nomination, and design guideline development. Stantec will begin the project with a kickoff meeting to support effective project initiation. Task 2. Community Engagement and Outreach Community engagement and outreach will extend through all phases of the project. Public Outreach Plan The Stantec team will develop a public outreach plan that educates and sources historical information from Lubbock for the NRHP nominations. Social media, the City's website, and targeted outreach will ensure sufficient engagement. Stantec will work alongside the City to plan for reaching out to the community. Once complete, information gathered from the community engagement phase will be incorporated in the NRHP nomination and used to guide the design guidelines documents. NRHP Nomination During the NRHP nomination development, Stantec will organize two in -person meetings (one kick-off and one to conclude the project) and up to three non-traditional outreach opportunities to focus on providing information to and receiving input from relevant stakeholders and the general public. Best approaches for non-traditional outreach will be coordinated with City staff and may include online surveys, postcard mailings (to be mailed by the City), or online postings. Deliverables for this task include: • Public Outreach Plan • Summary Report of Public Meetings and Input • Raw Data from any Community Surveys or Other Data Collection Engagement Activity Deliverables will be submitted electronically at the conclusion of the project. QA/QC Review All components of the project will be subject to our three-part quality assurance/quality control (QA/QC) process that ensure deliverables are complete and accurate. Our survey data will be reviewed for correctness by the historian who documented the property, followed by review from two more historians. The NRHP form and the design guidelines will go through the same three-part QA/QC review. Any products produced in collaboration with City staff or other entities will also be subject to the three-part QA/QC process. Deliverables for this task include: • Technical Work Plan • Progress Meetings and Agendas • Attendance at up to two in -person meetings Deliverables will be submitted electronically with review times determined during the kick-off meeting and specified in the Technical Work Plan. Task 3. Background Research and Planning During this phase of the project, Stantec will review prior documentation materials for the survey area, including previous surveys, photographs, and archival materials. We will prepare for fieldwork by setting up the customized databases to be used for data collection in the field. 22-16677-MA Downtown Historic District Designation Task 4. Field Documentation Stantec will conduct a historic resources survey of all buildings in the boundary depicted below, which we believe has the highest likelihood of NRHP eligibility. 22-16677-MA Downtown Historic District Designation Villas Marsna �narp Fwy�-�_ II 1 \ I I v oulasu �y 3C�� t!LL1J_A 200ft 3199,1- Apartmen M > Qrh St pY > f= fr�f--s L-- I . 0 Go 9ET Lit l7 rheratort-on II La Q te. I th < C g ¢ �teFi. Marshal �ln la o J uddy Ha R y Sr w fig P1= qq � th [- MCM Eleprite r nn T eBLII Hotel & Suites n to le; nce ' 9th m ny. rpor e H rizon� �Ljuar L 4 He Ithcare � j_F ICI! C ro H� Sale Of is r x 7 a'�L.-i ' ��---�.I i�� j<°`� Main ®© � Main St Gt��7yrPlfibltel� gl� f I i �_ J O®� �® ®® � ;�❑�-1fa I �J Broadwa �-` h w Fluffia, •,(Building EN, ru ._ Cr Ma�+iatlance) LJ> a—IF-1 4-ng 5-7r--j tj 14th 51 `I 15th St d� FD Prosperity AmericaSp �j'�Jj�® nep rd Bank ra ' j d Jl~..J UJI_.Jt � �L,J ®*,rca°J al Office r _ �• Afith pip OfflC f. r r4knus� _ � GrisWs Ll LLLUUU — 01 Aj Administr livej i jj� s ne d E =ice q he Que 0 700 Feet \ I I I I I I I I N Q Proposed Survey Area Parcel Boundary a Rfi� Q L02 MD N �� 7II;F=Jffl _ la oll' is I 62 _ 1 2 n ti � t —7 I— i ri rlr—fm I-` Field investigations will correspond with the Technical Work Plan and will reflect the desired level of participation, if any, from City staff or other entities. Prior to conducting fieldwork, Stantec will review 22-16677-MA Downtown Historic District Designation 3 photography and other documentation that subconsultant Seventh Generation Architects developed in their survey of downtown for the 2020 Downtown Lubbock Master Plan Update. The team will then create a custom digital inventory form for the project, which will be pre -populated with records for all parcels in the survey area, including fields for address and construction date per County Appraisal District records. The survey will be completed on customized inventory forms that collect photography and basic data for non -historic -age resources (address, construction date, use) and additional fields for historic -age resources (name/historic name, type, style, plan, stories, roof, materials, major alterations). Survey data will be collected in ArcGIS Survey123 and input into an ArcGIS database. During fieldwork, Stantec historians will also capture photographs for the nomination. All photographs will meet requirements described in the THC's National Register Photo Guidelines. Photographs will depict context, setting, and representative properties and will have accompanying location maps that conform to NPS requirements. Field investigations will also entail archival research at local repositories, to the extent possible due to the pandemic. Deliverables for Task 4 include: Historic Resources Survey Findings Memo Surveys Forms and Maps GIS Database of Collected Data Deliverables will be submitted electronically with review times determined during the kick-off meeting and specified in the Technical Work Plan. Task 5. Research Design/Determination of Eligibility Critical to the success of the project will be the early establishment of the NRHP eligibility of the district, appropriate boundaries, and development of a plan that will best serve the City's objectives. Following the survey, Stantec will develop a Research Design/Determination of Eligibility to include the following components: • Draft historic context • Recommended district boundaries • Area/s of significance • Period/s of significance • Level of significance • Summary of previous documentation • Data gap analysis • Research questions • Annotated bibliography enumerating repositories and primary/secondary resources • Draft outline for nomination The document will be submitted to the THC National Register Coordinator for feedback and to ensure the success of the NRHP nomination. Deliverables for this task include: • Research Design/Determination of Eligibility 22-16677-MA Downtown Historic District Designation 4 Task 6. NRHP Nomination NRHP Nomination - First Draft This scope includes completion of one (1) NRHP nomination. The NRHP nomination will be completed according to NPS and THC guidelines and include relevant photographs and graphics to corroborate text. Research and data from the historic resources surrey will be incorporated into the nomination development. The physical description will portray environment and setting, general characteristics, and all seven aspects of integrity. The statement of significance will address area/s of significance and will contain sufficient contextual information to support listing in the NRHP at the proposed level of significance. NRHP forms with continuation sheets as Microsoft Word files will be provided, including map of properties showing location, boundary description, and contributing/non-contributing status of resources; digital images; photo log with NPS required information; Site plan; and a bibliography. NRHP Nomination - Revisions Upon receipt of City, UDHPC and THC comments on the first -draft nomination, Stantec will revise the subsequent drafts, including any required adjustments to photographs and maps. Drafts will follow the established QA/QC procedure and will ensure that all comments have been addressed. Stantec understands that the final draft is due 75 days before the Texas State Board of Review (SBR) meeting where the nomination will be considered. NRHP Nomination - Final Following the SBR meeting, Stantec will address any required revisions to the nomination, and the project team will deliver the final NRHP nomination a maximum of forty-five (45) calendar days after the SBR meeting. Deliverables for this task include: • 2 Drafts NRHP Nomination • Final NRHP Nomination Deliverables will be submitted electronically with review times determined during the kick-off meeting and specified in the Technical Work Plan. Task 7. Design Guidelines Design Guidelines development will be led by subconsultant Seventh Generation Architects. The timeline and scope will be finalized after coordination with City staff and stakeholders. The guidelines may include the following components, as determined in coordinated with City staff and stakeholders: • Introduction: How to Use Design Guidelines • History of the Historic District • District Characteristics • Guidelines for Maintenance • Guidelines for Modifications • Guidelines for Demolition • Guidelines for Additions • Guidelines for New Construction • General Maintenance of Historic Buildings The process for review and approval of modifications, demolition, addition, and new construction will be developed alongside City staff and adhering to the Secretary of the Interior Standards for Rehabilitation; these will be clearly explained and illustrated in the guidelines. The project team will prepare drafts (two working drafts and one final) of the guiding document. 22-16677-MA Downtown Historic District Designation Deliverables for Task 7 include: • Design Guidelines Compiled PDF • Design Guidelines Editable File Deliverables will be submitted electronically with review times determined during the kick-off meeting and specified in the Technical Work Plan. 22-16677-MA Downtown Historic District Designation ,SEVENTH GENERATION D E S I G N Dear Ms. Reed: November 14, 2022 933 North Flores Street, Suite B San Antonio, Texas 78212 Emily Reed, Preservation Program Manager Stantec Consulting Services, Inc. 8401 Shoal Creek Boulevard, Suite 100 Austin, Texas 78757 RE: Lubbock Downtown NR Historic District Designation Project, Fee Proposal and Scope of Services Summary (SGD Project No. 2216 LUBK-NR) — Revision 2 We wish to thank you for the opportunity to submit this proposal summary for historic preservation services to assist your team with the Lubbock Downtown Historic Designation Project. Given the time constraints for response to the RFP, we have prepared the following fee proposal summary. We are happy to follow up this summary with a more detailed description of our proposed process and schedule when time permits. PROPOSED HISTORIC PRESERVATION FEE & SCOPE OF SERVICES SUMMARY Relative to the professional services agreement ("Prime Agreement") between the City of Lubbock, Texas ("The City"), and Stantec Consulting Services ("Stantec") for professional consulting services for the Downtown National Register Historic District designation, Seventh Generation Design, Inc. ("Seventh Generation") proposes to support Stantec on the following tasks and deliverables. Note: suggested dates indicated for individual tasks may be subject to change in the final schedule. TASK TASK ONE: COMMUNITY ENGAGEMENT & OUTREACH DURATION FEE SUMMARY Pre -Kickoff Meeting Preparations: 1 week $1200 ■ Provide Stantec a more detailed presentation of the date TBD previous Downtown Master Plan effort and the findings and data of the existing properties survey. Presentation may be either in person in Austin or via virtual meeting (e.g., Zoom). 1.1 • Assist Stantec in identifying critical agenda items and meeting format for the Kickoff Meeting with the Project's Core Leadership Group. ■ Assist Stantec in developing specific schedule milestones for core team meetings, community engagement meetings and for development of Design Guidelines & Standards to be presented at the Kickoff Meeting with the City's Core Leadership Group. 933 north Flores, suite b - san antonlo, texas 78212 - tel: 210.973.7307 - web: www.seventhgendesign.com Kickoff Meeting: day $1200 date BD ■ Assist Stantec in engaging in a face-to-face meeting with the project's Core Team to plan out the project's 1.2 process, priorities, schedule, and public engagement approach. ■ Utilize remaining time before and after Kickoff Meeting to further orient Stantec's survey team to Lubbock Downtown District and adjacent districts. Core Team & Public Engagement Meeting No.1: 1 day $2400 date TBD ■ Assist Stantec in preparing, moderating, and participating in meetings with the City's Core Leadership Group, community leaders and members of the public. ■ Prepare and deliver a presentation introducing the 1.3 purpose, background, application, and administration of Design Guidelines used in NRHP Districts. Presentation will include a draft outline of proposed Guidelines specifically relevant to Lubbock's Downtown District. (See Phase 2 below.) ■ Prepare summary meeting minutes and photos to supplement and be incorporated in Stantec's documentation of the meetings. Core Team & Public Engagement Meeting No. 2: 1 day date TBD $2400 ■ Assist Stantec in preparing, moderating, and participating in meetings with the City's Core Leadership Group, community leaders and members of the public. 1.4 ■ Prepare and deliver a presentation of a Draft Historic Guidelines for Lubbock's Downtown District. (See Phase 2 below.) ■ Prepare summary meeting minutes and photos to supplement and be incorporated in Stantec's documentation of the meetings. Virtual Public Meetings for Design Guidelines: 3 separate $4000 days with ■ Lead, with Stantec's assistance and participation, dates TBD three virtual meetings focused specifically on the 1.5 development of the Historic Design Guidelines. Virtual meetings may be with the Core Leadership Team, downtown stakeholders, and community leaders. These virtual meetings will supplement the face-to-face meetings outlined in Task 1 above. Page 2 of 7 Final Core Team Meeting & City Council Presentation: day $1200 date BD ■ Assist Stantec in preparing, moderating, and participating in meetings with the City's Core Leadership Group and City Council to present Final 1.6 Historic Design Guidelines. ■ Prepare summary meeting minutes and photos to supplement and be incorporated in Stantec's documentation of the meetings. PHASE 1 TOTAL $12,400 TASK TASK TWO: HISTORIC DESIGN GUIDELINES DURATION FEE SUMMARY Research and Preparation: 4 weeks $8000 ■ Research current Lubbock UDC zoning requirements Dates TBD and protections for historic properties, demolition review process and the advisory role of the Urban Design and Planning Commission. • Research precedent municipal historic design guidelines that may be relevant in scale and application to Lubbock's Downtown Historic District. ■ Research significant character -defining features and attributes of Mid -Century Modern Style architecture relevant to Lubbock's existing building stock to be highlighted in the Design Guidelines. This will be 21 informed by Stantec's NR nomination historical background investigations. ■ Research City of Lubbock's preferred publication standards for informing the format, typography, and graphic character of the Historic Guidelines. This research should include both printed and online resource publications. ■ Research and Preparation task will culminate in a written memorandum and a presentation, either at one of the face-to-face meetings or a virtual meeting outlined in Task 1 above, summarizing the initial findings of our research. Preparation of First Draft of Historic Design Guidelines: 6 weeks $10,000 2.2 Prepare and present a First Draft Historic Design Dates TBD Guidelines document, including, outline, formatting, written content and identification of key illustrations Page 3 of 7 and photographs required for the Final Draft. ■ Likely format of the Design Guidelines to include the following sections: o "Using the Historic Design Guidelines" o "Exterior Maintenance and Alterations" o "Guidelines for Additions" o "Guidelines for New Construction" o "Guidelines for Site Elements" o "Guidelines for Signage" o "Guide to Lubbock's Downtown Historic Resources" o "Glossary and Historic Preservation Resources" ■ Task 2.2 will culminate in the delivery and presentation of a Second Draft Historic Design Guidelines document that will refine the written content incorporating edits and suggestions obtained through meetings with Stantec, the Core Leadership Team and the public engagement process. The Second Draft will also begin to include drafts of the supporting illustrations and photos to be included in the Final Draft. ■ The First Draft of the Historic Design Guidelines will be delivered electronically in PDF format. Printed copies of the draft may be provided as a reimbursable expense, if required. Preparation of Second Draft of Historic Design 6 weeks $6000 Guidelines: Dates TBD ■ Prepare and present a Second Draft Historic Design Guidelines document that will refine the written content incorporating edits and suggestions obtained through meetings with Stantec, the Core Leadership Team and 2.3 the public engagement process. The Second Draft will also begin to include drafts of the supporting illustrations and photos to be included in the Final Draft. ■ The First Draft of the Historic Design Guidelines will be delivered electronically in PDF format. Printed copies of the draft may be provided as a reimbursable expense, if required. Preparation of Final Historic Design Guidelines: 8 weeks Dates TBD $16,000 2.4 ■ Prepare and present a Final Draft Historic Design Guidelines, including, final written content, illustrations, Page 4 of 7 and photographs, incorporating edits and suggestions obtained through meetings with Stantec, the Core Leadership Team and the public engagement process. ■ The Final Draft Historic Design Guidelines will be delivered electronically in PDF format. Printed copies of the draft may be provided as a reimbursable expense, if required. ■ Final edits and suggestions obtained through meetings with Stantec, the Core Leadership Team and the public engagement process will be incorporated into the Final Historic Design Guidelines for recommendation to City Council. The Final Historic Design Guidelines will be delivered electronically in PDF and Adobe InDesign formats for print and online publication. Printed copies of the draft may be provided as a reimbursable expense, if required. PHASE 2 TOTAL $40,000 TASK REIMBURSABLE TRAVEL EXPENSES AIRFARE FOOD & BUDGET ESTIMATE & UBER LODGING 1 2 Kickoff Meeting $800 $250 ■ 1 day — Pam & Scott Carpenter 1.3 Core Team & Public Engagement Meeting No.1 $800 $250 ■ 1 day— Pam & Scott Carpenter Coe Team & Public Engagement Meeting No. 2 $800 $250 1.4 1 day — Pam & Scott Carpenter 1.6 Final Core Team Meeting & City Council Presentation $400 $200 ■ 1 day — Scott Carpenter SUBTOTAL TOTAL $2,800 $950 REIMBURSABLE TRAVEL EXPENSES BUDGET TOTAL $3,750 REPROGRAPHICS EXPENSES BUDGET ESTIMATE Printed Drafts and Final Design Guideline Document (10 copies each for 4 $2000 drafts + final) GRAND TOTAL 1 $58,150 Page 5 of 7 HOURLY RATE SCHEDULE: The following rate schedule applies to hourly fee compensation only, and may be, with prior written notice, subject to annual increases. Estimated hourly fee allowances will not be exceeded without prior written notice: ■ Principal Architect: $150.00 per hour. ■ Staff Architect: $100.00 per hour. ■ Staff Designer: $75.00 per hour. ■ Staff CAD Technician: $55.00 per hour. REIMBURSABLE EXPENSES: Stantec will reimbursable Seventh Generation for all direct out-of-pocket expenses incurred on behalf of the project including, but not limited to, out-of-town travel and mileage, reprographics, photocopying, and supplies. Receipts for all reimbursable expenses will be submitted with our monthly invoices as they are incurred. ADDITIONAL SERVICES: Work requested beyond the scope described above will be approved in writing by both parties and billed as an additional service under mutually agreed terms. Examples of additional services include measured drawings of existing conditions, photographic documentation, 3-D laser scanning, presentation renderings, extensive cost reduction analysis, archival research, specialize consultant fees or sustainable systems designs, coordination of Owner's consultants or meeting with design review boards or governmental agencies. PROJECT SCHEDULE: We understand that Stantec will prepare a detailed Work Plan at the beginning of the project for review and approval by the City. Seventh Generation will assist in contributing scheduling recommendations for the Public Outreach process and the creation Historic Design Guidelines. Seventh Generation will endeavor to support your team in achieving the goals of a mutually agreed upon schedule once a final schedule has been established. FORM OF AGREEMENT: If this services and fee summary is acceptable, please provide an authorization signature below to permit us to proceed with the project and begin preparing for the project kick-off. Our liability insurance provider prefers us to use an industry -accepted standard form of agreement for all our formal contract documents. We understand that Stantec may have a standard consultant agreement that will become the formal form of agreement between our two firms. Please send a draft of this standard consultant agreement and a redacted copy of your Prime Agreement at your earliest convenience for us to review. OTHER TERMS AND CONDITIONS: Terms of Billing: Seventh Generation Design, Inc. will submit an invoice on a monthly basis, providing a detailed description of services provided each day during that invoice period. Copies of any receipts or invoices associated with reimbursable expenses incurred during that period will accompany the invoice submission. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 60 days, Seventh Generation may, without waiving any claim or right against the Stantec, and without liability whatsoever to the Stantec terminate the performance of the service. Page 6 of 7 Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.0% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Stantec shall pay all costs of collection, including reasonable attorney's fees. Termination of Services: This Agreement may be terminated by Stantec or Seventh Generation should the other fail to perform its obligations hereunder. In the event of termination, the Owner shall pay Seventh Generation for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. TBAE Jurisdiction: The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337 or 333 Guadalupe Street, Suite 2-350, Austin Texas 78701-3942, (512) 305-9000, has jurisdiction over complaints regarding the professional practices of persons registered as Architects in Texas. If this services and fee summary is acceptable, please provide an authorization signature below to permit us to proceed with the project and begin preparing for the first workshop. Thank you very much for including us on your team! Best regards, r4w im M- Scott Wm. Carpenter, RA LEED AP BD+C Vice President, Seventh Generation Design, Inc. Transmitted via email CC: File PP2216 LUBK-NR, Pam Carpenter Attachments: None Accepted by: Date: Page 7 of 7 Exhibit B FEE ESTIMATE - Lubbock Downtown Historic District Designation �0 e� � � ye' � MEN F$I"55,"00 $140.00 145 $20.300.00 $852.53 S21152.53 $115.00 3535 $40,595.00 $1.741.71 $42,336.71 $90.00 $52560.00 $2,296.26 $110.00 $90.00 $70.00 $125.00 $50.00 $50.00 $500.00 $58.150.00 6424 $7,040.00 $2,160.00 18 $1260.00 22 $2,750.00 9 $45000 28 $1,400.00 8 $4,000.00 1 $58,150.00 $287.57 $94.80 $55.30 $0.00 $0.00 $0.00 $0.00 $0.00 $54,858.28 57,327.57 $2,254.80 $1,315.30 $2.750.00 $450.00 $1,400.00 $4,000.00 $58.150.00 WBS Code Task Name Units Hours Labor Expense Subs Total 1 Initiation and Project Management 40 40 18 4 4 2 98 $12,589.32 $1,700.00 $0.00 $14,289.32 2 Public Outreach 68 $7,996.29 $0.00 $0.00 $7 996.29 2.1 Public Outreach Plan 4 2 12 4 22 $2,787.27 $0.00 $0.00 $2,787.27 2.2 Public Education Support Materials 4 12 12 8 36 $4,133.81 $0.00 $0.00 $4 133.81 2.3 Public Meeting Documentation 2 8 10 $1.075.21 $0.00 $0.00 $1.075.21 3 Background Research and Planning 4 16 8 8 8 44 $5.536.68 $0.00 $0.00V$44 68 4 Field Survey652 $70.165.10 $5,250.00 $0.0010 4.1 Travel 16 16 32 $3,423.96 $0.00 $0.0096 4.2 Survey& In -Person Research 4 60 60 8 16 5 20 4 132 $14.405.69 $5,250.00 $0.0069 4.3 Nomination kick on meeting4 4 8 $855.99 $0.00 $0.0099 4.4 Data Analysis & QC 75 75 300 450 $48.149.45 $0.00 $0.0045 4.5 SurveyFindings Memo 2 8 12 8 30 $3 330.01 $0.00 $0.00.015 Research Des' nIDOE 80 $9.603.79 $0.00 $0.0079 5.11 Context Draft 4 8 12 20 44 $5.135.94 $0.00 $0.00 $5,135.94 5.2 DOE Memo 4 8 12 8 4 36 $4,467.85 $0.00 $0.00 $4 467.85 6 District Nomination 318 $36,348.28 $1.650.00 $0.00 $37 998.28 6.1 First Draft 12 24 60 80 4 12 192 $21,754.68 $0.00 $0.00 $21 7754.68 6.2 Final Nomination Public Meeting12 1 2 2 1 12 $1,941.84 $825.00 $0.00 $2,766.64 6.3 Nomination Revisions 8 8 8 24 4 8 60 $6,889.88 $0.00 $0.00 $6.889.68 6.4 State Board Presentation 8 8 1 2 2 1 16 $1.711.98 $825.00 $0.00 $2,536.98 6.5 Final Nomination Package 2 4 8 12 8 4 38 $4,050.30 $0.00 $0.00 $4,050.30 7 Design Guidelines 12 12 12 8 1 44 $5.428.23 $0.00 $58.160.00 $63 578.23 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-962045 Stantec Consulting Services Inc. Austin, TX United States Date Filed: 12/07/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Purchasing and Contract Management Office Date Acknowledged: 12/08/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16677 Cultural Resources Services (Historic Preservation) 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Mustang Acquisitions Holdings Inc. Broomfield, CO United States X Stone, Jeffrey Rochester, NY United States X Lerner, Stuart New York, NY United States X 5 Check only if there is NO Interested Parry. 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.087ef42 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-962045 Stantec Consulting Services Inc. Austin, TX United States Date Filed: 12/07/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Purchasing and Contract Management Office Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 16677 Cultural Resources Services (Historic Preservation) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Mustang Acquisitions Holdings Inc. Broomfield, CO United States X Stone, Jeffrey Rochester, NY United States X Lerner, Stuart New York, NY United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Emily Reed and my date of birth is My address is 8401 Shoal Creek Blvd., Suite 100 Austin TX 78757 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct Executed in Travis County, state of Texas on the 7 day of December, 20 22 (month) (year) /� � �1Q��/ /�n/�(_ _ ) I " Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87042