Loading...
HomeMy WebLinkAboutResolution - 2014-R0179 - Contract - Parkhill Smith & Cooper Inc- North University Streetscape Improvement - 05/22/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OFTI lE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock 13E and is hereby authorized and directed to execute for and oil behalf' of the City of Lubbock a Professional Services Contract, by and between the City of Lubbock and Parkhill, Smith & Cooper, Inc.. 161. professional services related to the North University Strectscape Improvement Proicct. and Ill related documents. Said Contract is attached hereto and incorporated ill this Resolution as if fillly set forth herein and sh.11l he inCILILIC(I ill the Minutes 01'111C C OLHICil. Executed by the City Council this 22nd clay of_ May 2014. G . C. IZO .RTSON, MAYOR arca, APPROVED AS TO CONTENT: R. Keith Smith, P.L., Director oi` Public Works APPROVFD AS tv Attornev rc:ltes.Pror Srtis Agrmn1-Parkhi)1.5mith&C 00Per 5.f,.!4 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract (the "Contract" or "Agreement"), effective as of the 22 day of May, 2014 (the "Effective Date"), is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Parkhill, Smith & Cooper, Inc. ("ENGINEER"), a Texas professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the City desires to obtain professional engineering services related to the North University Streetscape Improvement Project (the "Activities" or "Project"); and WHEREAS, 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 City and Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with ENGINEER to provide professional engineering 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 Contract, the City and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of four (4) calendar months, as set forth in Exhibit "A", attached to and made a part of this Agreement for all purposes. If the Engineer determines that additional time Is required to complete the Services, the City Engineer, may, but is not obligated to, in his 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. Professional Services Agreement — MAR 2014 ARTICLE 11. SERVICES AND COMPENSATION A. Engineer shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Exhibit "A", an amount to not exceed $59,000.00, said amount based, in part, on the Basis of Fee, as provided in Exhibit "B" and the hourly rates, as provided in Exhibit "C". ARTICLE 111. TERMINATION A. General. City may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the City shall only pay Engineer for services actually performed by Engineer up to the date Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it by this Contract, at law, equity, or otherwise, including without limitation, termination of this Contract and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. 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. Professional Services Agreement — MAR 2014 B. Corporate Power. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. D. Engineer. ENGINEER 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. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by City pursuant to this Contract 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. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and 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 ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to the Services, as provided in Exhibit "A", "Services to be Provided by Consultant". Professional Services Agreement — MAR 2014 ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and City agree that ENGINEER shall perform the duties under this Contract as an Independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. 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, Engineer and 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. ARTICLE VIII. INSURANCE 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 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. 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 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 Uability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Professional Services Agreement — MAR 2014 Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for Engineer, protecting 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. 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 will be included in the Certificate. Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Engineer 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 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, Engineer fails to maintain the required insurance in full force and effect, 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 Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTSIRETAINING OF CONSULTANTS 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 Contract, provided that City approves the retaining of Sub -consultants. ENGINEER is at all times responsible to City to perform the Services as provided in this Agreement and ENGINEER Is in no event relieved of any obligation under this Contract upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by ENGINEER shall be Professional Services Agreement — MAR 2014 required by ENGINEER to carry, for the protection and benefit of the City and ENGINEER and naming said third parties as additional insureds, insurance as described above required to be carried by ENGINEER in this Contract. ENGINEER 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 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 ENGINEER 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 ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT 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 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 Contract, and any amendments thereto. ARTICLE XIII. NOTICE Professional Services Agreement — MAR 2014 A. General. Whenever notice from ENGINEER to City or City to ENGINEER Is required or permitted by this Contract 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 mall, return receipt requested, In which case such notice shall be effective on the third business day after such notice is so deposited. B. ENGIN EER 's Address. ENGINEER 's address and numbers for the purposes of notice are: Parkhill, Smith & Cooper, Inc. Attn: Kyle Jackson, P.E. 4222 W St. Lubbock, Texas 79423 Telephone: (806) 473-2200 Facsimile: (806) 473-3500 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Nell Welch P.O. Box 2000 162513th Street Lubbock, Texas 79457 Telephone: (806) 775 — 2606 Facsimile: (806) 775— ,ji"I/ 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 Contract, 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 Professional Services Agreement— MAR 2014 7 City shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the City pertinent to ENGINEER's Services, so long as City is entitled to rely on such studies, reports and other data for the performance of ENGINEER's Services under this Contract (the 'Provided Data"). 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 Contract are inserted in this Contract strictly for the parties' convenience In identifying the provisions to this Contract and shall not be given any effect In construing this Contract. B. Audit. 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, ENGINEER's books and records with respect to this Contract between ENGINEER and City. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and Inures to the benefit of the City and ENGINEER, and In the case of City, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, Its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT 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 CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. Professional Services Agreement — MAR 2014 8 G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract 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 Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and City. I. Entire Agreement. This Contract, including Exhibits "A" through "F" attached hereto, contains the entire Contract between the City and ENGINEER, 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 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 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 City or 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 City and ENGINEER. Professional Services Agreement — MAR 2014 EXECUTED as of the Effective Date hereof. ATTEST: Reh ca Garza, City Secretary APPROVED AS TO CONTENT: R. Keith Smith. P.E.. Director of Public Works P.E., City Engineer APPROVED AS TO FORM: Richard Casner, Natural Resources & Utilities Attorney CITY OF LUBBOCK G .Robe s , Mayor Parkhill, Smith 8 0o� p�NC. i ay. Name: EOu,d E•:a..,g.E. Title: Principal Professional Services Agreement —MAR 2014 10 EXHIBIT A SERVICES TO BE PROVIDED BY CONSULTANT FOR North University Streetscape Improvements University Avenue from 3RD Street to US HWY 84 In Lubbock, Texas The work to be performed under this contract by Parkhill, Smith & Cooper, Inc. (PSC), hereinafter referred to as CONSULTANT, will consist of the following services for the City of Lubbock, Texas (hereinafter referred to as the CLIENT): SUMMARY OF SERVICES Preliminary engineering and schematic design; public involvement (as needed); individual discussion with property owners (as needed); construction drawings, specifications and final opinion of probable cost (OPC); and coordination with Texas Department of Licensing and CLIENT, for the design of streetscape improvements along the project corridor. PROJECT DESCRIPTION The Project Corridor is defined as the area along University Avenue, within the Public Right -of -Way and between 3rd Street and US -Highway 84, in Lubbock, Texas. GENERAL PROJECT OVERVIEW The existing section of University Avenue, within the project corridor, has inconsistent sidewalk patterns, much of which is damaged, inadequate, does not comply with ADA requirements, and is aesthetically displeasing. CLIENT wishes to improve the streetscape by implementing a decorative-pattemed sidewalk, and other possible streetscape improvements to bring the facilities within compliance and enhance the corridor. DESIGN PHASE SERVICES CONSULTANT shall designate a Project Manager (PM), licensed to practice engineering in the State of Texas, to be responsible for the overall project development, deliverable construction documents, and successful prosecution of the contract bidding and award process. CONSULTANT shall Identify design altematives and constraints and produce a preliminary -level schematic with which to conduct a project kick-off meeting with the CITY. During this meeting additional potential alternatives and constraints will be explored. Also to be established will be a preliminary plan for project development, including but not limited to the following: design criteria, stakeholders, stakeholder meetings and public involvement strategy; scheduling of deliverables; construction budgets and funding mechanisms; invoicing; and any special considerations. CONSULTANT'S Project Manager will be responsible for project oversight and the daily management of this Project. Frequent and appropriate communications will be maintained between CONSULTANT, CLIENT, and other interested parties to expedite completion of the Project. This will involve routine correspondence through emails and phone calls as well as informal meetings involving stakeholders such as CLIENT, adjacent landowners and developers, and other firms working for CLIENT. For all meetings, CONSULTANT shall prepare a written agenda as well as meeting minutes for distribution. If directed by CLIENT to conduct a public meeting, CONSULTANT shall schedule the venue and time, publish advance notices, and prepare all technical exhibits to be displayed for public meetings at the direction of CLIENT. CONSULTANT shall present and/or provide technical documentation for public and City Council meetings as directed by CLIENT. CONSULTANT, if directed by CLIENT, will be the principal contact for public/private inquiries regarding the project. CONSULTANT shall provide assistance when called upon by supplying CLIENT with the necessary data to support the public information program. CONSULTANT shall conduct project site visits as necessary to photograph, document or visualize existing features and proposed improvements, gather additional or recent field data, meet stakeholders, and provide other services as directed by CLIENT. CLIENT has previously authorized and acquired a survey of the area and will provide survey to CONSULTANT. SUE INVESTIGATION IS NOT INCLUDED IN THIS SCOPE RIGHT-OF-WAY COORDINATION AND ACQUISITION IS NOT INCLUDED IN THIS SCOPE UTILITY DESIGN AND RELOCATION IS NOT INCLUDED IN THIS SCOPE CONSTRUCTION DOCUMENTS The designs, drawings, details, and notes comprising the construction documents for the North University Streetscape project shall be developed in accordance with the latest requirements, standards, manuals, and policies of the City of Lubbock and Texas Department of Licensing and Regulation, as they pertain to the Americans with Disabilities Act, or other disability regulations, rules, ordinances, and policies. Where applicable, reference shall be made to additional publications as necessary. Bid items and specifications shall originate from the City of Lubbock's library of standards and TxDOTs 2004 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, or a combination of the two, as directed by CLIENT. Construction Drawings: Construction drawings will be developed to demonstrate compliance with applicable regulations as well as layouts, special information, and quantities of items to be constructed. Drawings will include details for decorative sidewalk; sidewalk and ADA ramp improvements; and upgradable options for private development (e.g. future park benches, irrigation, and vegetation). CONSULTANT will develop plans with the Input of CLIENT to best satisfy CLIENTs needs. Construction drawings will provide adequate dimensioning, callouts, and notes to adequately allow the Contractor to construct the improvements according to the plans. Specifications: Specifications for construction bid items and reference items will be specially developed and/or compiled using the City and/or TxDOT databases. They shall provide comprehensive description of construction materials, construction methods, method of measurement, and method of payment. Cost Estimates: The estimates of construction costs will be based on the plans at each milestone submittal. Preliminary estimates of quantities of major construction items will be determined and current unit prices applied to these quantities, escalated to allow for inflation during the development schedule, to determine the estimates of probable construction cost. For reference, the conceptual Opinion of Probable Cost that was provided for planning purposes is attached as Exhibit "F". Erosion Control Plan: Erosion control standard details will be included in the plans to establish a minimum requirement for the Contractor to demonstrate compliance with applicable statutes, regulations, rules, ordinances and policies pertaining to water quality and stormwater regulations. An In-depth Erosion Control Plan WILL NOT be developed for this project. DRAINAGE ANALYSIS AND DESIGN IS NOT A PART OF THIS SCOPE Signing Layout sheets: An inventory of existing signs and details to replace with like signs (per the desire of CLIENT) will be included in the plans. A sign layout plan indicating new, or relocation of signs WILL NOT be included in the construction drawings. PAVEMENT MARKING DESIGN IS NOT A PART OF THIS SCOPE TRAFFIC SIGNAL DESIGN IS NOT A PART OF THIS SCOPE Illumination sheets: An illumination plan will be provided with decorative light poles utilizing existing conduit and power sources. CONSULTANT will work with CLIENT to select a decorative pole and fixture that satisfies the desires of CLIENT. Landscaping Design: At the direction of CLIENT, CONSULTANT will provide a landscaping plan, which utilizes "water smart" plants and can be implemented into the construction drawings or used as a master plan for future improvements. Irrigation Design: At the direction of CLIENT, CONSULTANT will provide an irrigation plan to establish `water smart" plants described above. The irrigation plan, if developed, can be implemented into the construction drawings or used as a master plan for future improvements. Traffic Control Plan Layouts: Traffic control standard details will be included in the plans to establish a minimum requirement for the Contractor to demonstrate compliance with the Manual on Uniform Traffic Control Devices and other applicable regulations. An in depth Traffic Control Plan WILL NOT be developed for this project. Estimate of Construction Time: A construction timeline schedule will be prepared at the end of the design contract in Microsoft Project format for use by CLIENT, and incorporated in the bid documents to establish a schedule for Liquidated Damages. Conceptual Plan: A conceptual plan for the Project is attached as Exhibits "E" and "F". Bid Phase Services CONSULTANT'S Project Manager will assign Task Leaders to be responsible for project oversight and the daily management of this Project. Frequent and appropriate communications will be maintained between CONSULTANT and CLIENT during the advertisement and award of the Project. CONSULTANT will assist the CITY with bidding and make recommendations towards the awarding of the Project. Deliverables 1) Design File submittal a) CONSULTANT shall provide to CLIENT all design files and applicable calculations. 2) Electronic Graphics Submittal a) CONSULTANT shall provide to CLIENT an electronic deliverable (CD-ROM) of all design documents for this project. 3) Design Schedule a) Upon receiving Notice To Proceed, CONSULTANT will attend kick-off meeting with CLIENT to establish a preliminary design schedule for the various submittals. 4) Submittals and Review Meetings a) Plans will be submitted for review (in schematic form) once they have been completed to a 30% level, and in accordance with the schedule established at the kick-off meeting. b) Plans will again be submitted (in plan -set form) once they've been completed to a 95% level, and in accordance with the schedule established at the kick-off meeting, or as adjusted in the 30% Review Meeting. c) Upon final review by CLIENT, and in accordance with the schedule established at the kick-off meeting, or as adjusted in the 95% Review Meeting, CONSULTANT will submit Final Bid Documents as described below. CONSULTANT will attend the 30% and 95% submittal review meetings. One (1) copy of the 30% schematic and four (4) copies of the 95% plans and specifications will be submitted to CLIENT. Comments and revisions requested at the review meetings shall be incorporated Into the plans for the next submittal and filed with CONSULTANTS QC/QA Program files. 5) Final Bid Documents (1000/6) a) CONSULTANT shall provide one set of full size 22"x 34" Mylar originals of the construction plans with a licensed professional engineers seal on each sheet, and 4 sets of half size prints of the plans. CONSULTANT will also provide 4 sets of prints of the project bidding documents, signed and sealed by a licensed professional engineer. b) CONSULTANT will provide an electronic version, in PDF format, of the plans and bidding documents. PARKHILL, SMITH & COOPER, INC. EXHIBIT B: BASIS OF FEE (SUMMARY) LOCATION CODE: Ol PROJECT NAME: North University Syeetscapc Imp � JOB NO.: Pending TASK: IDSN DATE: 03/27/14 FEE TYPE: Hourly Rate w/Max PREPARED BY: Jackson PRINCIPAL: Hamilton PROJ. MANAGER: Jackson OVERHEAD RATE: 0,00% PROFIT ON LABOR: 0.00% PROFIT ON REIMB: 10.00% PROFIT ON DIRECTS: 0.00% TOTAL FEE: $58,779 LABOR: $57,354 LABOR: 557354 DIRECTS: $0 OVERHEAD: $0 SUBTOTAL: $57,354 REIMB. CONSULTANTS: $0 REM. EXPENSES: $1,296 REIMS. FEE: $1,425 DIRECT CONSULTANTS: $0 DIRECT EXPENSES: $0 TOTAL FEE: $58,779 LABOR BUDGETS: CODE DESCRIPTION HOURS COSTS 01 Finn Principal 4 $744 03 Engineer 67 $11,189 23 Landscape Architect 157 $19,939 07 Engineer -in -Training 16 $1,840 24 Landscape Intern 222 $19,314 14 CADD Operator 28 $2,352 18 Clerical 26 $1,976 Page 1 of 1 EXHIBIT C: HOURLY RATE SCHEDULE Parkhill, Smith & Cooper, Inc. Current through End of Contract Classification Hourly Rate PROFESSIONAL LEVEL VII Mechanical & Electrical Civil & Structural Architect, Landscape & Interior PROFESSIONAL LEVEL VI Mechanical & Electrical Civil & Structural Architect, Landscape & Interior PROFESSIONAL LEVEL V Mechanical & Electrical Civil & Structural Architect, Landscape & Interior January 1, 2014 Classification Hourly Rate PROFESSIONAL LEVEL II $210.00 Mechanical & Electrical $205.00 Civil & Structural $194.00 Architect, Landscape & Interior Technologist Resident Project Representative Administrative $193.00 $186.00 $164.00 $171.00 $167.00 $152.00 PROFESSIONAL LEVEL IV Mechanical & Electrical $140.00 Civil & Structural $137.00 Architect, Landscape & Interior $127.00 Resident Project Representative $127.00 Technologist $123.00 PROFESSIONAL LEVEL III Mechanical & Electrical $118.00 Civil & Structural $115.00 Architect, Landscape & Interior $107.00 Resident Project Representative $107.00 Technologist $107.00 Expenses PROFESSIONAL LEVEL I Intern Technologist Resident Project Representative Administrative SUPPORT STAFF III Technician CADD Project Assistant Administrative SUPPORT STAFF II Technician CADD Administrative Secretary Project Assistant EL Administrative SUPPORT STAFF I Student EL CADD EL Administrative EL $99.00 $98.00 $95.00 $95.00 $95.00 $95.00 $87.00 $84.00 $76.00 $44.00 Reimbursement for expenses, as listed below, but not limited to, Incurred in connection with the services, will beat cost plus fifteen percentfar Items such as: 1. Maps, photographs, postage, telephone, reproductions, printing, equipment rental, and special supplies related to the services. 2. Consultants, soils engineers, surveyors, contractors, and other outside services. 3. Rented vehicles, local public transportation and taxis, road toll fees, travel, and subsistence. 4. Special or job specific fees, Insurance, permits, and licenses applicable to the work services. 5. Mileage at IRS approved rate. Rate for professional staff for legal proceedings or as expert witnesses will be a rate one and one-half times the Hourly Rates specified above. Excise and gross receipts taxes, If any, will be added as an expense. The foregoing Schedule of Charges Is Incorporated Into the agreement for the services provided, effective January 1, 2014 through December 31, 2014. After December 31, 2014, invoices will reflect the Schedule of Charges currently In effect MPENDINe PROJECT NUMBERW WNW* SVeeMMw ImprovementsWiftb[t C - WAGE-20144MI-WOple Rates doe Exhibit D: Original Conceptual Plan (October 2012) �CORNELL ST 0 A4 _ As BAYLOR ST/ CONCEPTUAL PLAN Baylor St. to Cornell St. GR TH ROWIBOOYSIKIP MEGLGCK CENTER EXISTINGPARKING I AUBURN STREET Exhibit E: Original Conceptual Plan (October 2012) CONCEPTUAL PLAN UNIVERSITY & AUBURN ST qplubl ock mu UAVALUS JUNIOR HIGH / PROPOSED Mau TREE PROPOSED CONCRETE SIDEWALK PROPOSED DECCRATNE PAMNO SIOEW" PROPOSED BENCHES &T NRECEPTACT£S PROPOSED ACCESSIBLE RAMP II EXISTING SIDEWALK AUBURN STREET EXISTING SIGEWMK FASTING PARIGNG NORTHIq ® Exhibit F: Original Opinion of Probable Cost based on Conceptual Plan (For planning purposes only) In PARKHILLSMITH&COOPER Opinion of Probable Cost -10/31112 City of Lubbock -North University Sidewalk Enhancements Lubbock,Texas PSC Job Number: 03.8786.12 REM DESCRIPTION I QUANTITY I UNIT I UNIT COSTS I EXTENDED COSTS Infrastructure 1.0 Demolition- (Sidewalks, Llghtpoles, Curb/GuOer, etc) 1 LS $165,000.00 $165,000.00 Irrigation Conduit (Future Use) 8200 LF $5.50 $45,100.00 Electilwl Service 1 LS $105,000.00 $105,000.00 El ectrical(Decorative Street Lights) 35 EA $5,500.00 $192,500.00 Sltework $1,535,914.64 New Concrete Sidewalk 32000 SF $5.00 $160,000.00 New Decorative Concrete Sidewalk (Pavers or Stamped) 26000 SF $10.00 $260,000.00 New Curb/GuBer 5400 LF $22.00 $118,800.00 Now B Decorative Bench 25 LS $2,500.00 $62.500.00 New Trash Receptacle 25 LS $900.00 $22,500.00 New Accessible Curb Ramps 43 LS $2,500.00 $107,500.00 LANDSCAPING Planting (Trees, Induces use grates (Future use)) 130 FA $700.00 $91,000.00 Irrigation (Future Use) 1 LS $25,000.00 $25,000.00 SUBTOTALS 1 $1,354,900.00 Area Multipliers 1.0 $1,354,900.00 Tax $1,354,900.00 General Contractor Overhead 9% $121941.00 $1,476,841.00 General Contractor ProfD 4.0% $59073.64 $1,535,914.64 Bond $1,535,914.64 Conlin ane 10% $153,591.46 GRANO TOTAL $t 889 508.10