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HomeMy WebLinkAboutResolution - 2022-R0523 - Service Agreement 16679 with Parkhill - McAlister ParkResolution No. 2022-R0523 Item No. 5.22 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, a Professional Services Agreement, Contract No. 16679, for professional architecture and engineering services for McAlister Park Pickleball, by and between the City of Lubbock and Parkhill, 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 December 13, 2022 ATTEST: :Q,&" 'X It Rebec4 Garza, City Secret, APPROVED AS TO CONTENT: --- -wyt Brooke Witcher, Assistant City Manager APPROVED AS TO FORM: Wan ook , Assistant City Attorney RES.Contract No. 16679, PSA-Parkhill 11.14.22 Resolution No. 2022-RO523 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 16679 is entered into this 13th day of December 2022, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Parkhill, (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for McAlister Park Pickleball Architecture & Engineering (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering 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 Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer 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 Engineer 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 twenty-four (24) months. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $209,000.00 as set forth in Exhibit "A". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer 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. ACKNOWLEDGEMENTS A. Existence. The Engineer 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 Engineer 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 10 of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all applicable laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer 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 Engineer acknowledges that any materials provided by the Engineer 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 Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer 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 Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer 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 Engineer and the City agree that the Engineer 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 Engineer 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 Engineer and the Engineer'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 10 ARTICLE VHI. INSURANCE The Engineer 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 Engineer 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 Engineer 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: Per Claim/Annual Aggregate 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 Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer 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 Engineer 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 Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and Page 4 of 10 shall comply with all provisions of Title 5 of the Texas Labor Code to see that the Engineer maintains said coverage. The Engineer 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 Engineer fails to maintain the required insurance in full force and effect, the Engineer 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 Engineer'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 Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A" attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer 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 Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer acknowledges 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 Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES FROM DAMAGES, OR EXPENSES, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REASONABLE EXPENSES OF LITIGATION, COURT COSTS, AND REASONABLE ATTORNEY'S Page 5 of 10 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 ENGINEER, ITS 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 Engineer 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 Engineer to the City or the City to the Engineer 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. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Parkhill Brent Clifford, PLA 4222 850' street Lubbock, TX 79423 Telephone: 806-473-3618 Email: BCliffordaa.Parkhill.com C. City's Address. The City's address and numbers for the purposes of notice are: Kalee Robinson City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas79457 Telephone: 806-775-2672 Email: KRobinson@mail.ci.lubbock.tx.us Page 6 of 10 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 Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer 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 Engineer 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 Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer 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 Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, 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 Page 7of10 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 Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, or acknowledgements 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 Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer 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 Engineer. 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 Engineer on Page 8 of 10 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, Engineer 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 Engineer is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Engineer 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. R. Engineer acknowledges 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 Engineer is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Engineer 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. S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Engineer agrees that the contract can be terminated if the Engineer 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, Engineer agrees to: (1) preserve all contracting information related to the contract as provided by the records retention Page 9 of 10 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. T. 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: )� , Rebec a Garza, City Secre iar APPRO AS TO CONTENT: ity Department Head APPROVED AS TO City Attorney Firm Parkhill By: (:44 Brent Cliffor , P A Email: BCliffordaParkhill.com Page 10 of 10 Parkhill EXHIBIT "A" October 5, 2022 City of Lubbock Colby VanGundy-Director of Parks and Recreation 1314 Ave K Lubbock, TX 79401 (806) 775-2687 RE: Proposal for Professional Services — Pickleball Facility at McAlister Park Dear Mr. Everett: Parkhill (A/E) is pleased to have the opportunity to provide this proposal for Landscape Architectural, Architectural, & Engineering services to The City of Lubbock (OWNER) for a new Pickleball Facility at McAlister Park (Project). SCOPE OF SERVICES The project consists of a new pickleball facility located within McAlister Park. There are currently two locations within the park being considered for the facility. The first location is immediately southeast of the existing baseball complex, shown as SITE A in Exhibit A. The second location is immediately east of the demolished Legacy Play Village, shown as SITE B in Exhibit A. Phase 1 of the project includes 12 lighted pickleball courts, small pedestrian shade structures, and a small restroom/ concessions/office building. Parkhill's fees also include coordination within the Phase 1 space for future shade structures to cover Phase 1 courts, additional courts (up to 24 courts), additional parking and a larger pro -shop / dining area. Phase 1 of the project will be the only portion where full Construction Drawings will be developed for bid. Basic Design Services shall include Architectural, Structural, Mechanical, Electrical, Plumbing Engineering, Civil Engineering, Landscape Architecture services, Surveying and Geotechnical Services. Typical project phases and associated services include: Programming Scope & Budget Verification A/E will review the program furnished by the CLIENT to ascertain the requirements of the Project and will arrive at mutual understanding of such requirements with the CLIENT. Site Evaluation Phase The A/E will review the two potential site locations, performing a site analysis at both locations. The A/E will prepare for the OWNER, conceptual plan view renderings showing Phase 1 limits (one for each location) to illustrate solutions available to the OWNER setting forth the A/E's findings and recommendations. The A/E will also conceptually illustrate within the rendering's future phases of the facility to ensure adequate room is available for total buildout. The A/E will also include an Opinion of Probable Cost for Phase 1, based on the plan view renderings provided to the Owner. Opinion of Probable Cost The Opinion of Probable Cost of the Work prepared by the A/E, represent the A/E's judgment as a design professional. It is recognized, however, that neither the A/E nor the OWNER has control over the cost of labor, 4222 85th Street Lubbock, Texas 79423 806.473.2200 Parkhilleom McAlister Park-Pickleball Page 2 October 5, 2022 materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the A/E cannot and does not warrant or represent that bids or negotiated prices will not vary from the OWNER'S budget for the Cost of the Work, or from any Opinion of Probable cost of the Work, or evaluation, prepared or agreed by the A/E. In preparing Opinion of Probable Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the Opinion of Probable Cost of the Work to meet the Owner's budget. The Architect's Opinion of Probable Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such as Supplement Service. Schematic Design Phase The A/E will prepare Schematic Design Documents for the Owner's approval based upon the OWNER'S approved site location. Drawings shall consist of a site plan, preliminary building plans, elevations, and plan view digital renderings. A/E will submit to the OWNER a preliminary Opinion of Probable Construction Cost for Phase 1 based on current area, volume and other unit costs. This Phase will also consist of (1) one public meeting. Time and location of the meeting to be set by the OWNER. In accepting and utilizing any form of electronic media generated and furnished by the A/E, the OWNER agrees that all such electronic files are Instruments of Service of the A/E. The Owner is aware that differences may exist between the electronic files delivered and the printed hard -copy Contract Documents. In the event of a conflict between the original signed Contract Documents prepared by the A/E and electronic files, the original signed and sealed hard -copy Contract Documents shall govern. Electronic files created by the A/E through the application of software licensed for the sole and exclusive use by the A/E will be furnished to the Owner in read-only format. The Owner is responsible to obtain and maintain software licenses as appropriate for the use of electronic files provided by the A/E. Design Development Phase Based on the OWNER'S approval of the Schematic Design Documents, and on the OWNER'S authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the A/E shall prepare Design Development Documents for the OWNER'S approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, typical construction details to better determine project size and budget. A/E will submit to the OWNER a preliminary Opinion of Probable Construction Cost for Phase 1 based on current area, volume and other unit costs. This Phase will also consist of (1) one public meeting. Time and location of the meeting to be set by the OWNER. A digital rendering will be provided for the public meeting. Construction Documents Phase Based upon the Owner's approval of the Design Development Phase Budget and Design Documents, the A/E shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth, in detail, the level of quality and performance criteria of materials and systems for construction of the Work. A/E will submit to the OWNER an Opinion of Probable Construction Cost for Phase 1 based on current area, volume and other unit costs. All projects in the State of Texas must be submitted to the Texas Department of Licensing and Regulations (TDLR) — Elimination of Architectural Barriers (EAB) Division for plan review for compliance with TAS requirements. After construction of the project TDLR requires an inspection of the project for compliance confirmation. However, the A/E cannot and does not warrant or guarantee that different rules and or interpretation may be applied to the McAlister Park-Pickleball Page 3 October 5, 2022 Owner's Project at the time of the final TDLR inspection. Compliance with changes required by the TDLR final inspection that were not mentioned in the TDLR plan may be required. Bidding Phase The A/E shall assist the Owner during the Bidding Phase by preparing responses to questions during the bidding phase and assisting in selection of qualified contractors. Construction Phase The A/E, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed upon by the Owner and the A/E, (1) to become generally familiar with and to keep with Owner informed about the progress and the quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. The A/E shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods and techniques, sequences or procedures or for safety precautions and programs in connection with the Work since these are solely the Contractor's rights and responsibilities under the Contract Documents. The A/E shall not supervise, direct or have control over the Contractor's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor. The Owner agrees that the general contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Owner's contract with the Contractor. The A/E shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity performing any portions of the Work or any agents or employees of any of them. The A/E does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. The A/E shall review and certify the amounts due the Contractor and shall issue certificates for payment in such amounts in accordance with the Contract Documents. The A/E shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The A/E shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the A/E as provided for the Owner's approval and execution in accordance with the Contract Documents and may authorize minor changes in the Work not involving and adjustment in the contract sum or an extension of the Contract Time which are consistent with the Intent of the Contract Documents. If, due to an error or an omission by the A/E, any required item or component of the project is omitted from the Construction Documents, the A/E shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise add value or betterment to the project. The A/E shall provide a Walk-Thru at approximately eleven (11) months after the Date of Substantial Completion to observe Contractor warranty items. Use of A/E's Instruments of Service Drawings, Specifications, and other Documents, including those in electronic form, prepared by the A/E and the A/E's Consultants are Instruments of Service for use solely with respect to this project. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the A/E. McAlister Park-Pickleball Page 4 October 5, 2022 Services specifically excluded from our Scope of Services include, but are not limited to, the following: ■ Third -party Independent Construction Inspection Services ■ Asbestos and Hazardous Materials Studies ■ Construction Material Testing ■ Preparation of Construction Documents for more than one bid package ■ Phased Construction DELIVERABLES • Site Evaluation Concepts, Schematic Design, Design Development, Construction Documents SCHEDULE After receiving a signed agreement, a tentative schedule for submitting our work is as follows: Preliminary Programming with Owner 1 Business Day Site Evaluation Phase 15 Business Days Geotechnical Investigation (After Site Selection) 20 Business Days Topographical Survey (After Site Selection) 20 Business Days Schematic Design Phase 20 Business Days Owner Review Meeting 1 Business Day (1) Public Meeting 1 Business Day Design Development Phase 30 Business Days Owner Review Meeting 1 Business Day (1) Public Meeting 1 Business Day Construction Documents Phase 30 Business Days Owner Final Review Meeting 1 Business Day Final Completion of Construction Documents 5 Business Days COMPENSATION — SITE A Our fee for the Scope of Basic Services described above will be based on a lump sum amount listed below and will be billed on a percentage complete method. The fee is based on a $2,000,000 construction budget. Should the project scope/budget increase by more than 5% then the fee will be adjusted equitably. Topographical Survey $12,000.00 Geotechnical Investigation $15,000.00 Site Evaluation Phase $18,000.00 Schematic Design Phase $32,000.00 Design Development Phase $42,000.00 Construction Documents Phase $48,000.00 Construction Administration $36,000.00 Total Basic Compensation $203,000.00 Reimbursable expenses will be billed at invoice cost plus a fifteen percent markup for handling costs and include, but are not limited to travel, postage/shipping, reproductions/copies, color plots/prints, accessibility review and inspection fees, and reproduction of Contract Documents. We estimate these expenses to be approximately $6,000.00. If this proposal meets your expectations, you may indicate your acceptance by returning one signed copy to our office. Upon receipt, we will wait to receive your Agreement and will consider receipt of the executed document as authorization to proceed. McAlister Park-Pickleball Page 5 October 5, 2022 We appreciate the opportunity to provide professional services to you and look forward to the successful completion of the McAlister Park Pickleball Facility. If you have any questions, please do not hesitate to call us. Sincerely, PARKHILL (A/E) By �6' 'g �- Brent Clifford, LA Firm Principal CITY OF LUBBOCK (OWNER) Accepted By: Title: Date: "The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337, (512) 305-9000, www.tbae.state.U.us has jurisdiction over complaints regarding the professional practices of persons registered as architects and landscape architects in Texas." National Flood Hazard Laver FI RMette 0 FEMA Legend ter: •' f* «. im 1 I SITE AB C 48303COZ9�G eff.xl�lza�� r �,- SITE A 40MR•20 „064021 P"te t" Foc4 EXHIBIT A 33°32'20"N 0 250 500 1,000 1,500 2,000 I.U,000 Baseman: USGS National Man- OrthnlmaFarw nata rafraRh wl Arrfnhpr 9ron SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zone A. V. A99 SPECIAL FLOOD With BFE or Depth zone AE, AD, AH, VE. AR HAZARD AREAS Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone Future Conditions 1%Annual Chance Flood Hazard zone Area with Reduced Flood Risk due to OTHER AREAS OF Levee. See Notes. zone x FLOOD HAZARD Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard zonex Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone r GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES 1 1 1 1 1 1 1 Levee, Dike, or Floodwall B zo.z Cross Sections with 1%Annual Chance 17.9 Water Surface Elevation e - - - Coastal Transect ^'""^•1U— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transact Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it Is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard Information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 10/4/2022 at 2:05 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map Image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map Images for unmapped and unmodernized areas cannot be used for regulatory purposes. CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 it there are interested parties. Complete Nos.1, 2, 3, S. and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the buskress entity's place of business. PARKHILL Lubbock, TX United States r uune or governs msu anuty or state agency being filed. City of Lubbock FORM 1295 1of2 OFFICE USE ONLY CERTIFICATION OF FILING :erd icate Number. Date Filed: 11/28/2022 Date Admowl edged: 3 (Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a deskxipdon of the swvkes, pocZds, or other property to be provided under the contract. 16879 Architectural and Engineering Design Services 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (chmack applkable) Controlling Intermediary Finley, David Frisco, TX United States X Edwards, Jay Midland, TX United States X Moss, Mike Lubbock, TX United States X Hart, Daniel Hamilton, John T Austin, TX United States Lubbock, TX United States X X Edwards, Zane Lubbock, TX United States X Haberer, Mark Lubbock, TX United States X Nelson, Scott Frisco, TX United States X Ramirez, Michael El Paso, TX United States X Stills, Mary El Paso, TX United States X 11 1 Forms provided by Texas Ethos Commission www.ethics.state.tx.us Version V3.5.1.eb87ef42 CERTIFICATE OF INTERESTED PARTIES FORIw 1295 2of2 Complete Nos. 1- 4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1. 2, 3, 5, and 6 If there are no interested parries. CERTIFICATION OF RUNG Certificate Nunibre: 2022_958688 i Name of business entity filing form, and the city, state and country of the business entity's place of business. PARKHILL Lubbock, TX United States pats Filed: 11/28/2022 2 gove or state agency a party to corrtreM.t being filed. City of Lubbock Date AckravW94ged: 3 Provide the identiffoation number used by the govemmental erdity or state agency to track or klsntify the contract, and provide a din of the services, goods, or other property to be provided under the contract. 16679 Architectural and Engineering Design Services 4 Name of btterested Party City, State, Country (place of business) Nature of Fnhwest (check awl able) Controlling Intermediary 5 Cheek only If there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name Is 'a" - 1 D., We, r* i and my date of birth is Myaddress is us 02 gJrnG k RflodTliOC, A,)si%,, ,-� 7vi5 u5 (street) (city) (00) (zip cote) ( I declare under penalty of perjury that the foregoing is true and correct. Executed in 'ri�R Ar V l S County. State of �G r4S on me day of 011V 20 2-Z- (month) (Yesd low *i&urbfhvftmzed agentof contracting business entity Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87ef42 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2022-958688 Date Filed: 11/28/2022 Date Acknowledged: 11/28/2022 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. PARKHILL Lubbock, TX United States 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 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. 16679 Architectural and Engineering Design Services 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Finley, David Frisco, TX United States X Edwards, Jay Midland, TX United States X Moss, Mike Lubbock, TX United States X Hart, Daniel Austin, TX United States X Hamilton, John T Lubbock, TX United States X Edwards, Zane Lubbock, TX United States X Haberer, Mark Lubbock, TX United States X Nelson, Scott Frisco, TX United States X Ramirez, Michael El Paso, TX United States X Stills, Mary El Paso, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87ef42