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HomeMy WebLinkAboutResolution - 2008-R0091 - Professional Services Agreement - MWM Architects Inc. - 03/13/2008Resolution No. 2008-R0091 March 13, 2008 Item No. 4.20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock or his designee BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement by and between the City of Lubbock and MWM Architects, Inc., a Texas corporation, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Executed by the City Council this 13th day of ATTEST: 4:? k-o"d _te — Reber a Garza, City Secretary APPROVED AS TO CONTENT: James Loomis, Assistant -City Manager APPROVED AS TO FORM: Attorney March 2008, DAVID A MILLER, MAYOR I Resolution No. 2008-ROO91 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into this 13`h day of March, 2008, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and MWM Architects, Inc. (the "Architect"), a Texas corporation. WITNESSETH WHEREAS, Architect has skill and experience in the planning and design of PARKING YARD EXPANSION to be utilized in the normal course of business of Citibus' operations, and is qualified to perform such activities (the "Activities"); WHEREAS, Architect has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for a fair and reasonable price; WHEREAS, the City desires to contract with Architect to perform services related to the Activities and Architect desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Architect agree as follows: ARTICLE I Services 1.01 Architect shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services", attached hereto (the "Services"). Standard of Care 1.02 The Architect shall provide its services in accordance with accepted standards for architects providing services related to projects of similar size and scope and in the general geographic area, of the Project. ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be on a per -phase -completed basis. This amount shall be invoiced to the Professional Services Agreement - MWM - City of Lubbock Page 1 of 13 City monthly as work is performed, and as further described on Exhibit `°B," "Payments to Architect," attached hereto. 2.02 This Agreement will expire when Work is completed. Additionally, the City may terminate this Agreement by providing written notice to Architect at least thirty (30) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall pay Architect only for services actually performed by Architect up to and including the date the Architect is deemed to have received the City's notice of termination. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Architect is to perform the Services in a sound and professional manner and exercising the degree of care, skill, and diligence in the performance of the Services as is exercised by a professional Architect under similar circumstances and Architect hereby warrants to the City that the Services shall be so performed. Further, Architect is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Architect and Architect's employees 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 IV Events of Default/Remedies Professional Services Agreement — MWM — City of Lubbock Page 2 of 13 4.01 Gm's Defaults/Architect's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Architect to perform hereunder, Architect may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity, or otherwise. Architect's Defaults/City's Remedies. In the event Architect shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Architect, exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 Architect shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Architect shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability, and automobile liability coverage 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. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Professional Services Agreement - MWM - City of Lubbock Page 3 of 13 Commercial General Liability, Combined Single Limit: Professional Liability: Combined Single Limit: Automobile Liability: Combined Single Limit for any auto $1,000,000 $500,000 $500,000 Per Occurrence The City shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability, and shall be granted a waiver of subrogation under those policies. Architect shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the TExAs LABOR CODE. Further, Architect shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the TExAs LAeOR CODE to ensure that the Architect maintains said coverage. The Architect may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. If at any time during the life of the Agreement or any extension hereof, Architect fails to maintain the required insurance in full force and effect, Architect shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARCHITECT SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, Professional Services Agreement - MWM - City of Lubbock Page 4 of 13 LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, AS A RESULT OF, RELATED TO, OR ARISING FROM ARCHITECT'S USE OR OCCUPATION OF CITY OWNED LANDS, AND/OR ANY MATTER RELATED TO ARCHITECT'S ACTIVITIES, PERFORMANCES, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT. THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE VI Miscellaneous 6.01 Architect shall comply with all laws, statutes, regulations, ordinances, rules, and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: James Loomis, Assistant City Manager P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-2051 WI copy to: City Attorney P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3307 Professional Services Agreement - MWM - City of Lubbock Page 5 of 13 For Architect: Stephen L. Faulk, AIA MWM Architects, Inc. 257474 th Street, Ste. 201 Lubbock,Texas 79423 Facsimile: (806) 745-7620 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement represents the entire and sole agreement between the City and Architect with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Architect and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. Professional Services Agreement - MWM - City of Lubbock Page 6 of 13 6.07 Any and all documents, drawings and specifications prepared by Architect as part of the Services hereunder, shall become the property of the City when Architect has been compensated as set forth in Section 2.01, above. 6.08 A waiver by either City or Architect of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 6.09 Neither City nor Architect may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party. City and Architect each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Architect. 6.11 Architect represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Architect to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Architect hereto. [THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] Professional Services Agreement - MWM - City of Lubbock Page 7 of 13 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. APPROVED AS TO CONTENT: (7`1's Loomis, Assistant Citj Manager CITY OF LUBBOCK David A. Miller, Mayor ATTEST: CZ;2 - Re ecca Garza City Secretary Date: March 13, 2008 ARCHITECTS, INC. Stepheft. Faulk, Princip I Professional Services Agreement — MWM — City of Lubbock Page 8 of 13 Resolution No. 2008-R0091 Exhibit "A" Scope of Services The following items shall be included in the scope of services for the design services for the Citibus Bus Parking Yard Expansion project, herinafter referred to as "Project": Schematic' Design Phase • The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project. The Owner and the Architect shall reach a mutual understanding of the project. • The Architect shall provide, in accordance with the agreed program, a project schedule and construction budget requirements. • The Architect shall review with the Owner alternative approaches to design and construction of the Project. • Based upon the mutually agreed-upon program, schedule, and construction budget, the Architect shall prepare Schematic Design documents, consisting of drawings and other documents illustrating the scale and relationship of the Project components. • The Architect shall also prepare and submit to the Owner a preliminary estimate of construction costs based on current area, volume, or similar conceptual estimating techniques. Should the preliminary estimate exceed available funding, the Architect shall, under direction from the Owner, either scale back the project to bring it into budget, or shall develop a phased construction design that will permit the Owner to construct the project in several phases, as funding permits; these changes shall be included in the base fee for this project. • The Owner shall have final approval over all documents produced during the Schematic Design phase. Design Development Phase • Based on the approved Schematic Design Documents and any adjustment authorized by the Owner, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of Drawings and other Documents to fix and describe the size and character of the Project as to the Architectural, Structural and Electrical Systems, Materials, and such other elements as may be appropriate. • The Architect shall advise the Owner in writing of any adjustment to the preliminary estimate of Construction Cost. • The Owner shall have final approval over all documents produced during the Design Development phase. Construction Documents Phase Based on the approved Design Development documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, to the satisfaction of the Owner, Construction Documents consisting of Drawings and Specifications, setting forth in detail the requirements for the construction of the project. The Architect shall advise the Owner in writing of any adjustments to previous preliminary estimates of construction costs indicated by changes in requirements or general market conditions. The Owner shall have final approval over all documents produced during the Construction Documents phase. Professional services Agreement - MWM - City of Lubbock Page 9 of 13 Bidding Phase • Following written approval from the Owner, the Architect shall be responsible for advertising the project for bid, distributing bid documents to all interested parties, conducting any pre-bid meetings that may be required, opening the bids, evaluating the bids, and making a recommendation for construction contract award to the Owner in accordance with all applicable procurement procedures. The Architect shall ensure that all bid documents include applicable Federal clauses • In the event that the project bids are higher than the cost estimates, the Architect shall, at no additional fee, work with the Owner to revise the construction documents and rebid the project. • The Architect shall use standard American Institute of Architects construction contracts. Construction Phase The Architect, 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 to in writing by the Owner and Architect, to: The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and keep the Owner informed about the progress and 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. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract documents. Become generally familiar with the work completed; Endeavor to guard the Owner against defects and deficiencies in the work; and Determine in general if the work is being performed in accordance with the construction documents. The Architect shall notify the Owner within seven (7) calendar days possible should these site visits indicate that work is not being performed in accordance with the construction documents. Any remediation shall be in accordance with terms of the construction contract. Certificates for Payment The Architect 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 Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as shop drawing, product data, and samples, but only for the limited purpose of checking for conformance with the information given and the design concept expressed in the contract documents. Professional services Agreement - MWM - City of Lubbock Page 10 of 13 • The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data deemed necessary, for the approval of the Owner, in accordance with the contract documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and which are consistent with the intent of the Contract Documents. Design Contingency The Owner understands and acknowledges that although the instruments of Service shall be prepared within the Standard of Care stated in this Agreement, the Contractor may require additional information from the Architect to clarify and coordinate the design intent shown in the Construction Documents that result in increases in the Construction Cost. Therefore, the Owner agrees to include a contingency in the Owner's construction budget to pay for construction costs arising from such issues that are less than two percent of the total Construction Cost. For the purposes of this Paragraph, Damages are defined as the cost of construction relative to the Project added by Change Order that is more than the cost would have been if the information for that construction had been included in the original Construction Documents. Professional Services Agreement - MWM - City of Lubbock Page 11 of 13 Resolution No. 2008-R0091 Exhibit "g" Payments to Architect MWM Architects, Inc. shall render Services, as set forth in Exhibit "A" in connection with the Citibus Bus Parking Yard Expansion for a fixed fee of Twenty-four Thousand Dollars ($24,000.00), plus a fee designated for services to be rendered by Hugo Reed of Sixteen Thousand One Hundred Eighty Dollars ($16,180.00), said fee to Hugo Reed to be paid for services rendered pursuant to the terms and conditions of that certain proposal attached to the Agreement as Exhibit "C,"," incorporated fully therein as though set forth in its entirety, for a Total Fee of Forty Thousand One Hundred Eighty Dollars ($40,180.00), plus reimbursable expenses as outlined in this Exhibit "B." Schematic Design (15%) = $6,027.00 Design Development (20%) = $8,036.00 Contract Document (40%) = $10,072.00 Bidding/Negotiation (5%) = $2,009.00 Contract Administration (20%) = $8,036.00 Total Fee $40,180.00 Note that if the Project is abandoned prior to bidding, then the Architect's Basic Service Fee ,as stated above, shall be paid through whatever phase of the Work that has been completed. Fee(s) does not include Reimbursable Expenses. Reimbursable Expenses shall not be incurred unless authorized in advance and in writing by the Owner. Reimbursable Expenses include, but are not limited to: 1. Transportation in connection with the Project, authorized and/or Owner requested out-of-town travel and subsistence and electronic communications; 2. Fees paid for securing approval of authorities having jurisdiction over the Project; 3. Reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; 4. Expense of overtime work requiring higher than regular rates if authorized in advance and in writing by the Owner; 5. Renderings (whether drawn by hand or by computer technology), models and room mock-ups requested by owner; 6. Geotechnical Engineering Services; 7. Landscape Architecture work; 8. Acoustical Consultant Fees; 9. Interior Furnishings, Furniture, and Equipment selection; 10. Site Irrigation Design Work; 11. Hydrological/Flood Studies; 12. AudioNisual Consultants; 13. Other similar direct Project -related expenditures as approved in advance and in writing by the Owner. MWM's services and/or fee(s) do not include any work or fee for any landscaping or site irrigation. Further, all identification, removal and/or mitigation of any hazardous material associated with the Project shall be the Owner's responsibility and handled in accordance with Local, State, and Federal laws. . Professional Services Agreement - MWM - City of Lubbock Page 12 of 13 Any work required that is not included under Basic Services, as stated above, or for changes to any previously approved design work that has been approved by the Owner, shall be invoiced at hourly rates as follows: MWM Architects, Inc. Architects Stephen L. Faulk, AIA $125.00/hour Melanie Sechrist, AIA $125.00/hour Jason Moore, AIA $125.00/hour Joel Robinett, P.E. $125.00/hour Jeff Whitaker, AIA $125.00/hour Andrew Chandler, AIA $125.00/hour Engineer -In -Training Lance Landusky $70.00/hour Project Manager Jon Gamel $70.00/hour Matt Adams $70.00/hour CAD Manager Tyler Wood $65.00/hour Draft Person Andrew Bridges $60.00/hour Lauren Brumley $60.00/hour Kara Kitterell $60.00/hour Lance Mulloy $60.00/hour Kevin Osby $60.00/hour Andrew Thomas $60.00/hour Clerical Jodi Blanton $50.00/hour The Owner shall be invoiced in accordance with the Agreement, periodically on a percentage of completion basis and payment shall be made within thirty (30) calendar days from the date of invoice. No payment can be withheld unless the Architect has been judged at fault. Further, no retainage shall be withheld from any payment due the Architect. Professional Services Agreement — MWM — City of Lubbock Page 13 of 13 i7ii'�i1fREe�a� '{S�s!nLh, _ 1 � � a�a� Ea::.7:�. •i �i December 4, 2007 Mr. Stephen Faulk, AIA MWM Architects, Inc. 2574 74th Street Lubbock, Texas 79423 Resolution No. 2008—R0091 HUGO REEO AND ASSOCIATES, INC. 1801 Avenue H ! Lubbock, Texea 79401 1 8481783-5842 1 FAX 8081783.3891 Re: Professional Civil Engineering and Land Surveying Services Citibus Complex — $1h Street Right -of -Way Closure, Lubbock, Texas Dear Mr. Faulk: Hugo Reed and Associates, Inc. (HRA) is pleased to submit this proposal to provide professional civil engineering and land surveying services relating to the referenced project. This proposal is intended to describe the general services proposed, the approximate project schedule, and our related fees. This proposal has been prepared at the direct request of the addressee or his agent. The contents of this document are confidential and prepared solely for the review of the addressee and/or his agent. The contents of this document shall not be released to other parties without the express written consent of HRA. SCOPE OF SERVICES Based on our previous discussions and review of the information received to date, the following is our proposed general scope of services for the referenced project. HRA will perform all services utilizing the customary standard of care for the type of work in the location it is to be performed. HRA cannot be held responsible for circumstances beyond its control that may have a material effect on HRH's ability to perform. HRA is not proposing to perform any other services not specifically outlined herein. HRA does not anticipate the release of electronic documents to the Architect or Owner for any use associated with this work. If the release of electronic documents is requested, the preparation of the files for release will be at an additional expense. A liability waiver must be executed by the recipient of the electronic files prior to release. SURVEYING/PLATTING IMPROVEMENT, TOPOGRAPHIC & UTILITY SURVEY for DESIGN PURPOSES HRA will prepare a survey of the subject property locating the property boundary line and improvements and will collect sufficient topographical data to be used for the design work associated with this project. A plat of survey is not included. SUBDIVISION PLATTING HRA will coordinate with the City of Lubbock to prepare the necessary documents for closure of the portion of 81h Street, between Texas and Buddy Holly Avenues. MRA will prepare the necessary survey documents for inclusion as exhibits in the closure ordinance. HRA will coordinate and provide necessary easement descriptions to cover existing infrastructure located within the 81h Street right-of-way that may remain. O Hugo Reed and Associates, Inc. 2007 Mr. Stephen Faulk, AiA Proposal for Professional Civil Engineering and Land Surveying Services Citibus Complex — Soh Street Right -of -Way Closure, Lubbock, Texas December 4, 2007 Page 2 of 4 SITE CIVIL DESIGN HRA will prepare construction documents for each of the items listed below. SITE PLANNING HRA will coordinate with the Architect and Owner to develop a Conceptual Site Plan showing proposed improvements to be located within the existing 8'h Street right-of-way. HRA will communicate to the Architect and Owner any perceived special design considerations needed to accommodate any specific grading, drainage, utility features or locations, and/or applicable local code requirements relative to HRA's services. SITE DIMENSION CONTROL PLAN HRA will generate a separate Site Dimension Control Plan based on the Conceptual Site Plan. This Site Dimension Control Plan will be used as the basis for all remaining civil engineering and other design services performed by HRA. HRA will not be responsible for absorbing additional costs incurred for redesign and/or revising plans if the Conceptual Site Plan is altered. HRA will not proceed with the development of the Site Dimensional Control Plan until notified by the Owner or Architect that the Conceptual Site Plan is complete. The Site Dimensional Control Plan will have sufficient data to locate structures on the property and to lay out the civil improvements associated with this project. SITE DEMOLITION PLAN Construction documents will include demolition plans for removal of existing surface improvements. Demolition plans will address the removal of existing asphalt paving, concrete paving, curb and gutter, sidewalks, and other surface improvements that may be impacted by the proposed improvements. Limits of demolition will be identified and coordinated to minimize impacts to existing improvements. HRA is not anticipating any relocation of underground facilities, such as municipal water and sewer, storm sewer or other underground utilities. SITE GRADING & PAVING PLAN(S) AND DETAILS Upon completion of the Site Dimension Control Plan, HRA will prepare a final Site Grading and Paving Plan for the referenced site. This plan will show proposed finished spot paving grades and finished floor elevations for each structure. This item also includes submittal to, and review with, the appropriate local governing officials for the purpose of obtaining site grading plan approval, including representation at the City's Site Plan Review Committee meeting. This item also included the preparation of any necessary drainage calculations which may be required by the City of Lubbock to demonstrate that the closure of 8`h Street does not adversely impact existing drainage patterns. This item does not include securing of any construction permits. This item does not include submittal to the Texas Department of Licensing and Regulation (TDLR) or a TDLR reviewing agent for the purpose of checking the plan for compliance with current TDLR accessibility standards and requirements. The site grading plan will be submitted by the Architect or Owner to TDLR for review with the architectural plans. No TDLR review fee is included in this scope of services. If revisions are required after TDLR review, this item does include HRA's effort to bring the plan into TDLR compliance. However, this item does not include revisions to HRA's work if such effort is a direct result of significant Site Plan revisions by the Architect or Owner. This item does not include revisions to HRA's work resulting from changes necessary to bring other consultants' work into TDLR compliance. STORM WATER POLLUTION PREVENTION PLAN (SWP3) HRA will prepare a Storm Water Pollution Prevention Plan and narrative booklet for the site in conformance with current Texas Pollutant Discharge Elimination System (TPDES) requirements for Owner's and Contractor's use and guidance during construction. Not included in this item is the review and determination of any listed endangered or threatened species, designated critical habitats in the project area or areas deemed to be of historical significance. This item does not O Hugo Reed and Associates, Inc. 2007 Mr. Stephen Faulk, AIA Proposal for Professional Civil Engineering and Land Surveying Services Ci"tibus Complex — 8°i Street Right -of -Way Closure, Lubbock, Texas December 4, 2007 Page 3 of 4 include filing Notice of Intent (NOI) or Notice of Termination (NOT) forms, on-site SWP3 inspections, or implementation of the SWP3 plan. CONSTRUCTION SPECIFICATIONS FOR SITE IMPROVEMENTS Written specifications will be prepared for this project and delivered to the Architect to be made part of the overall Project Manual. Specifications will be prepared for earthwork and subgrade preparation, utility trench backfill, asphalt pavement, concrete pavement, and general concrete flat work such as sidewalks, and any other items for which HRA has design responsibility. BID QUANTITIES FOR SITE IMPROVEMENTS HRA will calculate all relevant proposed paving, drainage, and SWP3 quantities and prepare a blank proposal form for the Owner to use for Bid purposes. Quantities for private water and sewer service laterals, as well as quantities for other utilities such as gas, electric, cable TV, and phone will not be included. HRA will also calculate earthwork quantities based on the final Site Grading Plan. This item does not include any contract administration. DELIVERABLES Certified documents will be issued for this project and supporting documents as per customary practice. These documents will be delivered in paper format. Electronic images such as Adobe Acrobat files may be delivered upon request. CONSTRUCTION PHASE SERVICES PROJECT MANAGEMENT HRA will be available for local project coordination meetings as requested by the Owner. Those meetings could include Pre -Construction Conference, Substantial Completion Walk -Through and Final Completion Walk -Through. HRA will also make occasional visits to the construction site to monitor progress of the construction and to check for general compliance with the construction documents. This will not be construed as performing continuous construction inspection. HRA will also be available to review submittals from the contractor that are required for this project and related to the civil site improvements designed by HRA. Those submittals could include Contractor's shop drawings, product data, mix design, etc. Any submittals relating to construction of municipal improvements will be directed to City for their approval. Submittals not required by the contract documents or not related to civil site improvements will not be reviewed. Construction phase services will be provided on an hourly rate basis and are preliminarily budgeted at $2.500. SCHEDULE HRA proposes to provide the specific deliverables listed herein on the approximate schedule as detailed hereunder. HRA cannot be held responsible for circumstances beyond HRA's control that may have a material impact on HRA's ability to perform the proposed services by the proposed schedule. The Site Dimensional Control Pian will be completed approximately one week from receipt of an approved Conceptual Site Plan and Notice to Proceed. The remainder of the design documents will be delivered within three weeks after completion of the Site Dimensional Control Plan. © Hugo Reed and Associates, Inc. 2007 Mr. Stephen Faulk, AIA Proposal for Professional Civil Engineering and Land Surveying Services Citibus Complex — 8th Street Right -of -Way Closure, Lubbock, Texas December 4, 2007 Page 4 of 4 COMPENSATION HRA proposes to provide the services described above, exclusive of taxes and direct reimbursable costs, as summarized in the table below. HRA may invoice you at monthly intervals based on percentages of the various work categories completed. Payments are due upon receipt. ITEM DESCRIPTION FEE DESIGN SURVEYING Improvement, Topographic and Utilities Survey for Design $2,800 Subdivision Platting $3,500 Subtotal $6,300 SITE CIVIL DESIGN Site Plan Review $750 Site Dimension Control Plan $1,070 Site Demolition Plan $1,070 Site Grading and Paving Plan and Details $4,970 Storm Water Pollution Prevention Plan (SWP3) $820 Construction Specifications for Site Improvements $680 Bid Quantities for Site Improvements $520 Subtotal $9,880 TOTAL $16,180 SUMMARY Hugo Reed and Associates, Inc. is pleased to have this opportunity and we look forward to working with you on the project. By signing, dating, and returning this proposal (fax acceptable), you are authorizing HRA to proceed in accordance with the terms of this letter. If you have any questions or need any additional information, please do not hesitate to contact us at your convenience. Sincerely, Acce ted, Jas L S offord, P.E. (Sig t re) Date V. P. . Bering / 6�� Hugo Reed and Associate ,nc. Cc: File © Hugo Reed and Associates, Inc. 2007