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HomeMy WebLinkAboutResolution - 2020-R0438 - Contract 15438 with TBG Partners, Downtown Civic Park 12.15.2020Resolution No. 2020-RO438 Item No. 8.10 December 15, 2020 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, Professional Service Agreement Contract No. 15438 for Design Services for Downtown Civic Park as per RFQ 20-15438-KM, by and between the City of Lubbock and TBG Partners of San Antonio, Texas, and 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 City Council. Passed by the City Council on December 15, 2020 DANIEL M. POPE, MAYOR ATTEST: 1;( 1 I.J Rebec a Garza, City Secr ®ry APPROVED AS TO CONTENT: av1 r .Iesica cEachern, As ' t City Manager APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney ccdocs/RES.Agrmt Contract 14538- Design Services for Downtown Civic Park November 24, 2020 Resolution No. 2020-RO438 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15438 is entered into this 15th day of December , 2020, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and TBG Partners, (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Civic Park Design, (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 24 weeks. 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 $173,800, as set forth in Exhibit `B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the 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. REPRESENTATIONS AND WARRANTIES 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. Page 2 of 10 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the 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 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 warrants 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 VIII. 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: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The 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 day's 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 Page 4 of 10 Labor Code. Further, the 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, 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 VIR 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 represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The 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. Page 5 of 10 ARTICLE XI. INDEMNITY THE 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 THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The 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: TBG Partners Elaine Kearney, PLA 430 Austin Street Suite 200 San Antonio, Texas 78215 Telephone: 210-366-9933 Page 6 of 10 C. City's Address. The City's address and numbers for the purposes of notice are: Bailey Ratcliffe, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806-775-2329 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. Page 7 of 10 F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the 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 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 parry'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. Page 8 of 10 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 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. SB 252. SB 252 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 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in 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. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: )K--- lieb4�ca Garza, City Secre APPROVED AS TO CONTENT: Robe a r, CBDT Board Chairman APPROVED AS TO FORM: I a Ke11i Leisure, Assistant City Attorney DANIEL M. POPE, MAYOR Firm TBG Partners By: �lw�ellzxzwvzl� E 'ne K arney, PLA anaging Principal Page 10 of 10 ,,bbock C v c Park ' 0/26/2020 If the proposal fee of $173,800.00 meets with your approval, please sign below and return a copy to TBG for our files. TBG must receive a signed copy of the Agreement in order to proceed with the Scope of Services. APPROVED and agreed: The Broussard Group, Inc. 10/26/2020 EI 'ne Kear 7 ey PLA DAIE Managing Principal APPROVED an agreed: City of Lubbock 12/15/2020 BY Authorized Agent DATE Daniel M. Pope, Mayor The Texas Board of Architectural Exam ners, 333 Guadalupe, Suite 2-350, Aust n, Texas 78701, to ephone 15121 305 9000, has jurisdiction over individuats licensed under the Architects Registration Law, Art c e 249 a, and the Landscape Arch tects Registration Law, Article 249.c, Vernon's Texas Civil Statutes. Proposal copyright ©2020 by TBG Partners No portion of this proposal may be copied or distributed without the written permission of TBG Partners Exhibit A i* 10/07/2020 TBG Revised 10/26/2020 Exhibit A: Scope of Work Project Scope This project consists of the design of a new Civic Park at 1301 Broadway Street in downtown Lubbock on the site of the former LP&L building. The site is approximately 1.84 acres in size and is bounded by Broadway, Avenue M, Avenue L, and 13Ih Street. An estimated construction budget will be determined at the end of schematic design phase. Remediation and demolition of the existing LP&L Building and parking structure, as well as any other site remnants which are deemed hazardous or undesirable to the future park development will be undertaken by the City of Lubbock with input from the design team. Determination for the selection of a General Contractor for the project will be made at a later date. TBG will lead the preparation and development of a schematic design/fundraising package to include the following: 01_ Research and compile existing data regarding zoning, utilities and infrastructure to create a project base map, and make recommendations for additional information that may be required in the future. 02_ Confirm park programming and preferred design direction via public input process and meetings with stakeholders and city staff. 03_ Recommend street frontage and pedestrian improvements along Broadway, Avenue M, Avenue L, and 13" Street in accordance with principles set out in the masterplan, which may include new street trees, lighting and site furnishings. 04_ Schematic Park improvements (inclusive of paved pedestrian areas, lawn, trees, planting areas, irrigation, fixed and moveable furnishings, site lighting, interactive water feature, and other potential amenities to be determined). 05_ Schematic design of an approximately 2,000- 3,000 square foot park pavilion building to include restrooms, cafe or warming kitchen (but not indoor gathering spaces for the public). The structure should also support a wide variety of performances with AN, lighting and event power. An estimated cost for this structure will be determined via the schematic design phase. 06_ Assessment of mechanical, electrical, plumbing and drainage infrastructure necessary to support park functionality. TBG 430 austin street suite 200 san antonio, tx 78215 [210[366 9933 tbgpartners.com Lubbock Civic Park Exhibit A - 10/26/2020 Supporting Scope Exhibit Reference the exhibit below for our understanding of the current program and desired site improvements which serve as the basis for this Scoping Document. In the event that the Project scope changes significantly after contract, TBG reserves the right to revise the Scope of Services and associated fee allocations to align with the scope modifications. Note: The rendering shown above represents our best conceptual understanding of the scope intent and extent of the Project at this time. Substantive scope changes may require consideration of Additional Services. Note: exact layout, programming, and amenities are still to be confirmed during the design process and may result in a different configuration of built elements than shown above. Lubbock Civic Park Exhibit A - 10/26/2020 Project Team Discipline - Role Landscape Architect & Prime Consultant MEP Engineering Civil/Survey/Entitlements Architect Wayfinding & Signage Environmental & Geotechnical Structural Engineering Audio/Visual Irrigation Design Water Feature Consultant Scope of Services Company TBG Partners Chambers Engineering Hugo Reed & Associates Overland Partners RSM Terracon Thoma Engineering Wrightson I Johnson I Haddon I Williams Hines OTL TBG's design process divides the Scope of Services into three distinct phases: Discovery, Development, and Delivery. By adhering to these three phases in our design process, projects move seamlessly from an idea to implementation. Discovery To research, analyze and understand the existing site context as well as programmatic opportunities and constraints. Critical tasks within Discovery include: — Task One: Site Inventory and Analysis (Pre -design) Development To develop the Project vision and craft its form and function, from design through documentation, including these ongoing tasks: — Task Two: Schematic Design / Program Assessment NOTE: TASKS THREE THROUGH SEVEN BELOW ARE PROVIDED FOR GENERAL PROCESS REFERENCE ONLY. THEY ARE NOT INCLUDED IN THE PROPOSED SCOPE OF WORK AT THIS TIME. -- Task Three: Design Development — Task Four: Construction Documentation Delivery To consult on the implementation of the Project's vision through the construction phase, ensuring compliance with the intent of the overall design and its accompanying story. Tasks include: — Task Five: Bidding and Negotiation Assistance — Task Six: Pre -Construction — Task Seven: Construction Observation Lubbock Civic Park Exhibit A - 10/26/2020 Discovery Task One Pre -design / Site Inventory and Analysis Description of Servv;es TBG will work with the Project team to study and evaluate the existing conditions of the site and to organize opportunities and constraints that will impact potential design solutions. Efforts within this task may include: — Site and Context analysis — Development of a Site Base — Analyze need for Site survey Deliverables — Inventory and analysis diagrams, including adjacent land uses. — Reports — Site Survey (Boundary, ALTA, topography) Lubbock Civic Park Exhibit A - 10/26/2020 Development Task Two Schematic Design Description of Services TBG will facilitate a series of public input sessions and stakeholder meetings to determine critical social, environmental and economic performance expectations for the Project. TBG will develop a schematic design package for the Project, accommodating the program based on the Client's and Design Team's objectives, as determined above. Schematic design will serve to organize the site with program elements, optimize spatial and performance objectives, determine a realistic construction budget, and assist with imagery for fundraising. Del verables — One (1) Project kick-off meeting in Lubbock. — Facilitate an initial public engagement event to gather general public input on park amenities and programming. — Two to Three (2-3) Individual or small group stakeholder meetings (trip to coincide with public engagement meetings). — Develop park programming goals and priorities. — Functional use diagram(s), illustrating program/performance summary and optimal site and user utilization — Development of a maximum of two (2) park layout concepts for review. — Facilitate a second public engagement event to gather input on the proposed park concepts. — 50% SD submittal of the preferred concept. — One (1) trip to present the nearly complete schematic plans to the Downtown TIF Board, The Planning & Zoning Commission and City Council. — 100% SD Deliverable: o Overall color -rendered schematic design landscape plan, with major amenities and elements labeled. o Preliminary grading concept, including location of major stairs and walls. o Supporting Imagery to communicate character, look and feel for proposed design themes, plants, materials, finishes and uses/activities o Architectural plans, elevations and materials. o Narratives, as appropriate. o Preliminary construction budget o Supporting perspectives, 3D models or fly -through animations sufficient to convey the design intent to the public, stakeholders, and for fundraising purposes. 6 Lubbock Civic Park Exhibit A - 10/26/2020 Scope Assumptions — TBG understands that the Project will be delivered as one (1) schematic design package. Client understands and agrees that division of documents into multiple phases or releases will result in compensation for additional services. — This project will be developed and delivered with a combination of AutoCAD, Civil3D, Adobe Creative Suite and/or Revit platforms, as best suited to each discipline. All submissions will be provided to the City in digital PDF format. — TBG assumes no responsibility for the accuracy of survey, geotechnical, legal descriptions of the property, etc. performed by others and will not be liable for errors or omissions therein or the effect of same on TBG's work. Scope Inclusions — Schematic Design of park pavilion with restrooms, cafe or warming kitchen, designed to serve patrons via service window. — Structural Engineering o Narrative; Assistance in determining construction budget — Urban Design Input on streetscapes surrounding project site — Civil engineering o Narrative; Assistance in determining grading, utility, and drainage needs for developing a construction budget o Architectural Design Survey (topography, trees, utilities, easements, boundaries) — Landscape Architecture design — Irrigation design o Narrative; Assistance in determining construction budget — Water Feature o Narrative; Assistance in determining construction budget — MEP Engineering o Narrative; Assistance in determining construction budget — Audio Visual Consulting o Narrative; Assistance in determining construction budget — Branding/Signage o Narrative; Assistance in determining construction budget Lubbock Civic Park Exhibit A - 10126/2020 Base Scope Exclusions — As-builts, Design Development, Construction Document or Permit drawings. — Municipal Engineering Services — Zoning — Geotechnical — Environmental Assessments or Remediation — Public Art Integration — Additional unforeseen reviews or presentations such as Historical Commission, Design review, etc. (additional presentations are listed as an optional service). Budget TBG will work with our team of subconsultants and the City of Lubbock to determine a realistic construction budget and fundraising goal for the project. 8 Lubbock C v c Park Exh b,t A 10/26/2020 Proposed Schedule Schedule assumptions contained herein are the basis for fees and scope of services proposed. Significant deviations, delays or pauses to the schedule after contract authorization may also be grounds for Additional Services. Schedule Assumptions Task Descr pt on Discovery Task One Site Inventory and Analysis/Pre-design Development Task Two Schematic Design / Program Assessment City Comment & Review Incorporation of comments into Final SD Package Time Un.ts 4 Weeks 14 Weeks 2 Weeks 4 Weeks Total Time 24 Weeks !!- 7- 2020 Exhibit B i* 10/07/2020 TBG Revised 10/26/2020 B. Fees for Professional Services Each task has been written on a fee basis as noted below. The fee for this basic Scope of Services will be billed monthly: Task Descript on Fee Fee Basis Project Management Team Coordination, Meetings, etc. $ 7,000 Lump Sum Discovery Task One Site Inventory and Analysis $ 29,000 Lump Sum Development Task Two Schematic Design Allowance for Mileage, Airfare, Lodging, Printing, Travel, Per etc*. Diem, and Incurred Project Costs $ 123,000 Lump Sum $ 14,800 Lump Sum Total Fees - Not to Exceed $ 173,800 Lump Sum Note: This proposal excludes any and all state and local taxes associated with the project s•te Any such taxes reclu'red by law w:l,. be added to the project fee. 'See below for a compete list of reirnbursables TBG 430 austin street suite 200 san antorno, tx 78215 12101366 9933 tbgpartners corn 2 Lubbock Civic Park 10/26/2020 Additive/Deductive Services Optional Services can be added (or in some cases deducted) from the Basic Scope of Services described above, as desired by the client. They are provided for your reference. T,)'_" Fee Fee Bass 1. Additional meetings or presentations (beyond base $ 1,200 Each scope) in Lubbock by out -of -area consultants. Per person, per trip. 2. Additional Meetings or Site visits (beyond base $ 400 Each scope) for local consultants. 3. Defer Full Site Survey; Partial Survey $ (Varies) Lump Sum Reimbursables The following reimbursables are accounted for in the Allowance for Travel, Per Diem, and Incurred Project Costs: — Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared directly in connection with the work of this contract — Cost of digital scanning — Cost of printing for small and large format plots furnished or prepared in connection with the work of this contract — Cost of postage, shipping and delivery expenses — PlanGrid charges — Travel and Per Diem lodging and meal expenses, up to the number of trips indicated in the proposal.