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HomeMy WebLinkAboutResolution - 2018-R0262 - Kimley-Horn And Associates - 08_23_2018Resolution No. 2018-RO262 Item No. 6.11 August 23, 2018 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 Services Contract No. 14034 for Engineering Services for the design of Upland Avenue paving improvements between 66th Street and 114th Street, by and between the City of Lubbock and Kimley-Ham and Associates, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 23, 2018 ��v DANIEL M. POPE, MAYOR ATTEST: Re ecca Garza, City Secreta Uy APPROVED AS TO CONT' i ]esici NTch chem, Assistant City Manager APPROVED AS TO FORM: elli 4LeisurevAsslstant City Attorney ccdocs. KES.PSC-14034 Kiniley-Horn 8.03,18 Resolution No. 2018-RO262 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 14034 is entered into this day of August, 2018, is by and between the City of Lubbock (the "City"), a Texas home rile municipal corporation, and Kimley-Horn and Associates Inc., (the" Engineer"), a North Carolina corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the design of Upland Avenue Paving Improvements between 66`h Street and 110 Street, (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 tenn of 730 days. 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 s❑ 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 shaII receive as consideration to be paid for the performance of the Services, in an amount not to exceed $1,180,00.00, 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 Iimitation, 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, Page 2 of 10 B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part 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 ail 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 Rage 3 of 10 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. ARTICLE VIU. 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 /units of liability: Commercial General Liability: 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 Employer's Liability: Per Occurrence Single Limit: $I,000,000 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 Page 4 of 10 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 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 duri ng the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in frill force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense, The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit `'A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to cant', 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 othenvise exempt from notice and/or bid requirements under Texas Law, Page 5 of 10 ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDrNG 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, RECEIVE❑ 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 ❑MISSIONS 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. Page 6 of 10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Kimley-Horn and Associates, Inc. Kerry Miller, P.E. 4411 9e Street, Suite 300 Lubbock, Texas 79424 Telephone: (806) 686-1086 Facsimile: (972) 239-3820 C. City's Address. The City's address and numbers for the purposes of notice are: John Turpi n, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2342 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 1 Sth 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. Page 7 of 10 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HERESY 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 HERESY. 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. Page 8 of 10 K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shaII be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on 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. ❑. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that- (1) The Engineer does not boycott Israel; and (2) The Engineer will not boycott Israel during the tern of the Agreement. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9of10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK A TTF.fiT- Re cca Garza, City Secretary APPROVED AS TO CONTENT: Michael G. Keenum, P.E. CFM, Division Director of Engineering/City Engineer APPROVED AS TO CONTENT: ]tggineer/Capit/PrcjegPs`and n Turpin, P.E, ssistant ity Design APPROVED AS TO FORM: K p1liLeisure, Assistant City Attorney DANIEL M, POPE, MAYOR Firm Kimley-Horn and Associates, Inc. By: Eric Z. Smith, Assistant Secretary Page 10 of 10 EXHIBIT A SERVICES TO BE PROVIDED BY THE ENGINEER FOR UPLAND AVENUE From 660 Street to 114th Street CITY OF LUBBOCK PROJECT DESCRIPTION The work to be performed by the ENGINEER shall consist of providing preliminary engineering services for the development of a schematic, environmental studies and technical reports in support of the schematic work, and public involvement for the project. After the project receives environmental and schematic approval from the Texas Department of Transportation, the ENGINEER will provide engineering services for the development of plans, specifications, estimate, utility relocation, right of way mapping and acquisition services. The proposed project is on Upland Avenue (Upland) and consists of reconstructing and widening the existing 2-lane roadway to 5-lanes within the proposed limits. The intersection of Upland at US 62-82 and the Lubbock & Western Railroad (L&WRR) has recently been reconstructed by the Texas Department of Transportation (TxDOT). This intersection is excluded from the contract, except for changes that are necessary to tie the intersection to the improved section of Upland Avenue. The excluded portion of Upland extends from just north of the L&WRR to the south edge of the US 62- 82 Eastbound Frontage Road. The project will include field survey, geotechnical investigation, pavement design, subsurface utility engineering (SUE), schematic, preliminary and final drainage design, environmental documentation, public involvement, utility coordination and utility conflict resolution, right-of-way (ROW) and easement determination, ROW and easement mapping, ROW appraisal and acquisition services, and plans, specifications and estimates (PS &Q. All aspects of this scope, including the environmental documentation, schematic, PS&E, ROW mapping, and ROW acquisition will be developed according to standards established byTxDOT and the Federal Highway Administration (FHWA) to meet eligibility requirements for state and federal funding. The project will be designed and billed in such a way as to separate elements that are eligible to receive both State and Local Participation from elements that are only eligible for Local Participation. 4. Environmental Documentation 1.1 Anticipated Document Type and General Scope Requirements Since the project scope anticipates the acquisition of less than five (5) acres of ROW per mile of roadway and no commercial or residential displacements, this scope of services is based upon the intended goal of pursuing and receiving an Environmental Assessment developed to TxDOT/FHWA standards. For this project, the ENGINEER shall: 1.1.1 Provide services in accordance with the State's latest practices, criteria, specifications, policies, procedures and Environmental Compliance Toolkits. Upland Avenue from 66th Street to 114th Street Page 1 of 24 Engineering Scope of Services July 26, 2018 Documents shall be sufficient to satisfy the current Environmental Compliance Toolkits available from the State as of the Notice to Proceed date of this contract. Any TxDOT/FHWA modifications to the Environmental Compliance Toolkits guidance subsequent to the Notice to Proceed may require a request for Additional Services to address the new Environmental Compliance Toolkit guidance. 1.1.2 Incorporate environmental data into identification of alternatives. 1.1.3 Notify the City and State of its schedule, in advance, for field activities. 1.1.4 When specified, seek right of entry from public or private land owners to perform environmental services. Right of entry permission shall be written and signed by the land owner. Develop fetters or other materials for seeking right of entry. Letters or other materials seeking right of entry shall not be distributed without prior approval of the City. Letters or other materials seeking right of entry shall contain explicit reference to the kinds of activities for which right of entry is requested and an indication of the impacts (if any) that will result from performance of environmental services. 1.1.5 Notify the City and State as soon as practical, by phone and in writing, if performance of environmental services discloses the presence or likely presence of significant impacts (in accord with 40 Code of Federal Regulations (CFR) 1500-1508). Inform the City and the State of the basis for concluding that there are significant impacts and the basis for concluding that the impacts may require mitigation. 1.1.6 Notify the City and the State as soon as practical, by phone and in writing, if performance of environmental services results in identification of impacts or a level of controversy that may elevate the Transportation Activity's status from an environmental assessment, and the State will reassess the appropriate level of documentation. 1.2 Environmental Documentation Requirements 1.2.1 Each environmental service provided by the ENGINEER shall have a deliverable. Deliverables shall summarize the methods used for the environmental services, and shall summarize the results achieved. The summary of results shall be sufficiently detailed to provide satisfactory basis for thorough review by the City, State, FHWA, and (where applicable) agencies with regulatory oversight. Deliverables shall meet regulatory requirements for legal sufficiency. 1.2.2 Quality Assurance/Quality Control Review - For each deliverable, the ENGINEER shall perform quality assurance/quality control (QA/QC) reviews of environmental documents and on other supporting environmental documentation to determine whether documents conform with: • Current Environmental Compliance Toolkits guidance published by the State's Environmental Affairs Division (ENV) and in effect as of the date of receipt: of the documents or documentation to be reviewed; ■ Current state and federal laws, regulations, policies, guidance, and agreements between the State and other state or federal agencies; and FHWA/American Association of State Highway and Transportation Officials (AASHTO) guidelines contained in "Improving the Quality of Environmental Documents, A Report of the Joint AASHTO/American Upland Avenue from 56th Street to 1141h Street Page 2 of 24 Engineering Scope of Services July 26, 2018 Council of Engineering Companies (ACEC) Committee in Cooperation with the Federal Highway Administration" (May 2006) for readability, and use of evidence and data in documents to support conclusions. Upon request by the City or the State, the ENGINEER shall provide documentation that the C1A/QC reviews were performed by qualified staff. 1.2.3 Deliverables shall contain data acquired during the environmental service. Deliverables shall be written to be understood by the public and must be in accordance with the State's On -Line Environmental Manual (August 2004), current Environmental Compliance Toolkits guidance, current guidelines, policies and procedures. 1.2.4 Electronic versions of each deliverable must be written in software which is compatible to the State and must be provided in a changeable format for future use by the State. The ENGINEER shall supplement hard copy deliverables with electronic copies in searchable Adobe AcrobatTM (.pdf) format, unless another format is specified. Each deliverable shall be a single, searchable .pdf file that mirrors the layout and appearance of the physical deliverable. The ENGINEER shall deliver the electronic files on CD-R or CD-RW media in Microsoft Windows format. 1.2.5 Submission of Deliverables: Deliverables shall consist of reports of environmental services performed in addition to an Environmental Assessment (EA) document, when applicable. The deliverables shall go through an internal quality review before being sent to the City and the State. Deliverables must comply with applicable state and federal environmental laws, regulations and procedures. 1.2.6 The ENGINEER will address review comments provided by the City, State, FHWA, and other agencies, and shall revise the deliverable: • to include any State commitments, findings, agreements, or determinations (e.g., wetlands, endangered species consultation, Section 106, Section 4(f)) required for the Transportation Activity as specified by the State; ■ to incorporate the results of public involvement and agency coordination; ■ to reflect mitigation measures resulting from comments received or changes in the Transportation Activity; ■ include with the revised document a comment response form (matrix) in the format provided by the State. 1.3 Technical Reports: 1.3.1 Definition of technical report for environmental services: a report detailing resource -specific studies identified during the process of gathering data to prepare an environmental document. 1.3.2 Technical reports shall be produced before an environmental document (EA) is prepared to identify issues early in the process. The State will determine which Upland Avenue from 66th Street to 1101 Street Page 3 of 24 Engineering Scope of Services July 26, 2018 reports will be necessary for any given project. Technical reports must be provided to the State with sufficient detail and clarity to support environmental determinations). The environmental document shall reference the technical reports. 1.3.3 Environmental technical reports shall include appropriate National Environmental Policy Act (NEPA) or federal regulatory language in addition to the purpose and methodology used in delivering the service. Technical reports will include sufficient information to determine the significance of impacts. Technical reports are listed below: ■ Water Resources Technical Report Water Quality — Wetlands (USAGE permitting not included in scope) Jurisdictional Waters Determination • Biological Evaluation Form and Tier I — Endangered Species (presence/absence surveys not included in scope) Vegetation and Habitat Survey • Historic Resources Protect Coordination Request and Archeological Background Study — Historic (historic resources survey not included in scope) Archeology (archeological survey not included in scope) • Community Impacts Assessment — Air Quality (assumption that no modeling is required) Noise Socioeconomics/Relocations if needed — Public Involvement —prepare environmental constraints map for and attend public meeting and public nearing; prepare public involvement summary and response draft document ■ Other — Hazardous Materials Impact Studies —initial site assessment 1.3.4 Deliverables: ■ Draft Technical Reports • Final Technical Reports 1.4 Public Involvement 1.4.1 A Public Involvement Plan will be developed and submitted to the City for review and approval. The Public Involvement Plan will meet state and federal requirements. 1.4.2 Newsletters • ENGINEER will prepare four (4) newsletters to provide information to adjacent property owners along the corridor. The newsletters will consist of 8.5" x 11" (bi-fold) or 11" x 17" (tri-fold) mailers and will be developed, printed, folded and mailed by the ENGINEER. One of the newsletters may be used as a Public Meeting notice. Upland Avenue from 66th Street to 114th Street Page 4 of 24 Engineering Scope of Services July 26, 2018 1.4.3 Public Meeting • Schedule and attend one (1) meeting with the City and State to plan and schedule a Public Meeting. • ENGINEER will coordinate and reserve the meeting location for one (1) Public Meeting which will be held at a public facility within proximity to the project site, preferably a local school. ■ ENGINEER will prepare an official meeting notice for one (1) Public Meeting according to state and federal requirements. • ENGINEER will coordinate and prepare a mailing list for one (1) Public Meeting. Mailing list will include City and State staff members, elected officials, Frenship ISD officials, and the public. The public mailing list will be developed using the City of Lubbock's GIS database. ■ ENGINEER will print and mail notices to addresses within the project area at least two weeks prior to the Public Meeting. ■ ENGINEER will prepare and display meeting exhibits, sign -in sheets, handouts, and a Power Point presentation. Displays, handouts, and the PowerPoint presentation will be provided to City and State prior to meeting for review and comment. • ENGINEER will make a technical presentation and will assist the City in facilitating the question and Answer segment of the public meeting. ENGINEER will take notes of questions and comments made by the public for use in documenting the meeting, and for use in addressing public concerns. A verbatim transcript will not be taken of the public meeting. • ENGINEER will prepare a Public Meeting Summary Report and submit this report to Tx DOT for review and approval. 1.4.4 Public Hearing ■ ENGINEER will coordinate with City and State in determining whether to afford the opportunity for a Public Hearing, or to proceed directly to a Public Hearing. ■ Schedule and attend one (1) meeting with the City and State to plan and schedule a Public Hearing. • ENGINEER will coordinate and reserve the Hearing location for one (1) Public Hearing, which will be held at a public facility within proximity to the project site, preferably a local school. • ENGINEER will prepare an official hearing notice according to state and federal requirements. ❑nce the notice is approved by the State, the ENGINEER will be responsible for publishing the notice in the "Legal Notices" section of the "Lubbock Avalanche Journal" twice prior to the meeting (30-days and 10-days prior to the meeting). • Using the mailing list developed for use during the Public Meeting, the ENGINEER will update the list and maii notices to announce the Public Hearing. Upland Avenue from 661h Street to 114th Street Page 5 of 24 Engineering Scope of Services July 26, 2018 • ENGINEER will print and mail notices to addresses within the project area at least two weeks prior to the Public Hearing. ■ ENGINEER will develop and display Public Hearing exhibits, and will provide sign in sheets, handouts, and a Power Point presentation. Displays, handouts, and PowerPoint presentation will be provided to City and State prior to meeting for review and comment. • ENGINEER will make a technical presentation at the Public Hearing and will assist the City and State in facilitating the public comment period. • ENGINEER will coordinate the Court Reporter to attend and take a verbatim transcript of the Public Hearing. ■ Public Hearing will be documented and public comments addressed in the environmental documentation. • ENGINEER will prepare a Public Hearing Summary Report and submit this report to TOOT for review and approval. 1.4.5 Deliverables • Public Involvement Plan (Memorandum) • Draft and Final newsletters • Public Meeting notice, sign -in sheets, agenda, signs, displays, name tags, comment forms, PowerPoint Presentation, summary. • Public Hearing notice, sign -in sheets, agenda, signs, displays, name tags, comment forms, Verbatim Transcript, Power Point Presentation, summary. 1.5 Environmental Assessment (EA) Content and Format. 1.5A The EA shall meet the requirements of 23 CFR 771.117, and Texas Administrative Code (TAC), Title 43, Part 1, Chapter 2. The EA content shall be in sufficient detail to meet regulatory requirements for legal sufficiency. 1.5.2 The format shall follow the format specified in the SOUs. 1.5.3 The EA shall be a concise document and shall incorporate by reference the detailed environmental studies. 1.5.4 Exhibits to be included in reports or EA shall not exceed 11" by 17," and shall be in color. Text pages shall be 8.5" by 11". Exhibits and text shall be neat and reproducible via photocopying without loss of legibility. The EA document shall be reproduced on plain white paper unless otherwise approved in advance in writing by the State. 1.5.5 Submit to the City and State the number of copies specified of the EA. The review and final copies of the EA shall be delivered to the City and State on computer disk or via e-mail in a searchable PDF format compatible with the State's software. The ENGINEER shall consult with the City and State to identify electronic formats acceptable to each. The ENGINEER understands the State reserves the unlimited right to revise the electronic copy of the EA. The ENGINEER understands the City and the State reserves the unlimited right to produce paper copies of the EA. The following contents are to be provided in the EA: Upland Avenue from 661h Street to 114th Street Page 6 of 24 Engineering Scope of Services July 26, 2018 ■ A cover sheet which includes the project and project limits, CSJ numbers, county, date (month/year), "Federal Highway Administration and Texas Department of Transportation," "Table of Contents and Appendices," and the title: "Environmental Assessment" • A detailed statement of need and purpose ■ A detailed discussion of the scope of the Transportation Activity (Existing and Proposed Facility, Right of Way, Utilities and Transportation Improvement Program date) • The EA shall summarize any social, economic, environmental impacts, appropriate mitigation measures, commitments, and incorporate known and foreseeable public and agency concerns • Public involvement • A conclusion with justification that the Transportation Activity qualifies as an EA ■ A project location map and typical cross-section ■ Correspondence with regulatory agencies ■ Pages of any approved applicable transportation plans to demonstrate project consistency with the plans. Transportation plans include: metropolitan planning organization (MPO) long-range metropolitan transportation plan (LRTP or MTP) and Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP) for areas not within an MPOjurisdiction. 1.5.6 Deliverables: • Electronic copy of Preliminary Draft EA for district review ■ Eight (8) copies of Draft EA for State review (Prime - 1, City - 2, State - 5) ■ Eight (8) copies of Draft EA for FHWA review (Prime - 1, City - 2, State - 5) ■ Eight (8) copies of Final EA (Prime - 1, City - 2, State - 5) • Electronic copy to be provided for each deliverable (PDF and Word) 2. Geotechnical 2.1. Subsurface Exploration 2.1.1 Roadway • Six (6) roadway cores ❑r test pits adjacent to the roadway (two (2) cores per mile) will be taken to determine the existing typical pavement section. See attached proposed plan of borings for locations. ■ Twelve (12) bores will be taken within ditches inside the right-of-way to determine soil type and quality in low spots and playa lakes. Take five (5) bores between 661h and 82"d Streets, three (3) bores between 82"d and 98th Streets, and four (4) bores between 981h and 114th Streets. ■ Soil samples will be identified according to test boring number and depth, and a representative portion of each sample will be sealed in a plastic bag to protect against moisture loss. See attached proposed plan of borings for locations. Upland Avenue from 66th Street to 114th Street Page 7 of 24 Engineering Scope of Services July 26, 2018 Atterberg limits will be performed to determine the engineering properties of the soil. 2.2. Laboratory Services Samples will be transported to the ENGINEER's laboratory where they will be examined and visually classified by a Geotechnical Engineer using the AASHTD and Unified Soil Classification System (USCS) in general accordance with ASTM D 2488. To aid in classification of the soils and determination of their selected engineering characteristics, a testing program will be conducted on selected samples in general accordance with the following standards: Laboratory Test Test Standard Moisture Content ASTM D 2216 Atterberg Limits ASTM D 4318 Percent Passing No. 200 Sieve ASTM D 1140 California Bearing Ratio (CBR) ASTM D 1883 2.3. Engineering Services 2.3.1 Laboratory test results will be used to classify the soils according to the AASHTD and Unified Soil Classification System. ENGINEER will perform CBR's on selected samples to aid in the determination of the modulus of subgrade reaction or k- value used in rigid pavement design and the subgrade resilient modulus used on flexible pavement design. 2.3.2 Pavement Design: ENGINEER will analyze the results of the field exploration to provide pavement structure recommendations along with construction guidelines based on tine results from the field and laboratory testing and provided traffic data. ENGINEER will prepare one (1) pavement design option for rigid pavement and one (1) pavement design option for flexible pavement. Franchise Utility Coordination 3.1. Preliminary Design Coordination: 3.1.1 At project start up, send project notice to all Franchise Utilities via registered certified mail to provide project limits and schedule for construction. 3.1.2 Data Collection and Research • Create database of existing franchise utility representatives, including representative contact information (email, mailing address, phone, etc.) ■ Prepare exhibit that indicates franchise utility locations based upon SUE • Coordination with Surveyor regarding topographic information to be collected on utility locations • Coordinate possible utility conflicts with roadway design team 3.1.3 Franchise Conflicts Evaluation • Coordinate possible conflicts due to vertical alignment of roadway with SUE for Level "A" data acquisition • Prepare exhibit indicating franchise utility information based upon vertical information obtained from the Level "A" SUE survey ■ Coordinate utility relocation assignments and schedule Upland Avenue from 661h Street to 114th Street Page 8 of 24 Engineering Scope of Services July 26, 2018 11.4 Schedule, prepare for, attend and document up to four (4) Franchise Utility Coordination Meetings (one coordination meeting to be held at each of the following milestone submittals: project start-up, 30%, 60% and 100% schematic submittals). Meeting will address known potential conflicts and any future plans to extend franchise utility lines prior to roadway construction 4. Survey 4.1 Survey Data — ENGINEER will develop an existing boundary survey and existing topographic data within the limits of this project to prepare the preliminary schematic and preliminary roadway design. 4.1.1 Data Collection and Property Research -- ENGINEER will collect available data to determine the boundary locations and owner information for all adjacent properties within the project limits. 4.1.2 Design Survey • The limits of the survey along Upland Avenue will extend from north of the 661h Street intersection to south of the 1141h Street intersection. The survey will include the proposed right-of-way width of 110' and where subdivisions and structures are encountered adjacent to Upland Avenue, data will be collected a minimum of 20-feet beyond the ROW. The following areas shall also be surveyed: Limits of newly constructed intersection at US 62-82 and the L&WRR. — Major and Minor Cross Streets - 200-feet east and west of the Upland Avenue centerline at every minor and major cross street, including the U5 62-82 westbound and eastbound frontage roads. — Finished floor elevations of existing structures adjacent to the right-of-way as needed — Flowline and dimensions for channels and culverts constructed to convey runoff across Marsha Sharp Freeway between Playa 100 and Playa 099 Place control monuments with aluminum caps in concrete. Establish horizontal state plane coordinates (NAD 83) using GPS. Establish vertical control coordinates on NAVD 88. Monuments will be set to accommodate the limits of construction where possible. Locate and establish coordinates for adjacent TxDOT and City of Lubbock control monumentation. Perform a field survey to identify and locate existing topographic elements within the roadway corridor including, but not limited to the following: — Evidence of property boundary locations adjacent to the corridor. — Existing pavement, curbs, sidewalks, barrier free ramps, etc. Upland Avenue from 66th Street to 114th Street Page 9 of 24 Engineering Scope of Services July 26, 2018 Roadway and lane striping along Upland and intersecting streets Driveways (including material) — Parking lots within 50-ft of proposed ROW, including parking stall configuration Alleys (including material) — Existing culvert sizes and invert elevations, including cross sections approaching culvert crossings and headwalls/wingwalls Existing driveways and swales — Visible utilities including: manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities Traffic signal poles, cabinets, and other signal equipment — Signs (excluding temporary signs) — Trees, larger than 6" caliper Buildings and permanent structures — Retaining walls — Fence/Wall limits and material types (excluding temporary fences) — Other applicable physical features that could impact design • Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as right- of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions • Locate and stake -out Geotechnical bore holes 4.2 Existing Right of Way Data 4.2.1 Provide ROW Base Map • The right of way base map will be incorporated into the schematic document, and will include the following information: Parcels and easements with current recording information Current property owner — Parcel number Any existing platted easements or easements filed by separate instrument including easements provided by utility companies Corners of adjacent parcels tied to the section line Relate ROW to Roadway center line if Section Line differs 5. Subsurface Utility Engineering (SUE) (QL) B 5.1 Utility Data — Franchise Utilities ■ The scope will include Quality Level (QL) B Subsurface Utility Engineering (SUE) Investigation, which is inclusive of (QL) D and C. (QL) A will be conducted in the PS&E Phase of Project Development if authorized by the City, The ENGINEER Upland Avenue from 66th Street to 114th Street Page 10 of 24 Engineering Scope of Services July 26, 2018 shall obtain information on existing utilities from utility owners and shall identify and evaluate known existing and proposed public and private utilities. The ENGINEER shall identify potential conflicts and attempt to minimize the potential adverse utility impacts in the preparation of the schematic design. The ENGINEER shall prepare a base map depicting the utility locations. Utility investigations, both subsurface and above ground, will be prepared in accordance with ASCE C-1 38-02 and according to the Utility Quality Levels as described below: - Utility Quality Levels are defined in cumulative order (least to greatest) as follows: — Quality Level D - Existing Records: Utilities are plotted from review of available existing records. Level D is included in this scope of work. — Quality Level C - Surface Visible Feature Survey: Quality level "D" information from existing records is correlated with surveyed surface -visible features. Includes Quality Level D information. If there are variances in the designated work area of Level D, a new schematic ❑r plan layout shall be necessary to identify the limits of the proposed project and the limits of the work area required for the work authorization; including highway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways. Level C is included in this scope of work. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications are referenced to established survey control. Incorporates quality levels C and D information to produce Quality Level B. If there are variances in the designated work area of Level D, a new schematic or plan layout shall be necessary to identify the limits of the proposed project and the limits of the work area required for the work authorization; including highway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways. Level B is included in this scope of work. Quality Level A — will be performed during the PS&E Final Design Phase when authorized by the City. The ENGINEER shall compile "As Built" information from plans, plats and other location data as provided by the utility owners. A color -coded composite utility facility plan with utility owner names, quality levels and line sizes shall be prepared and delivered. It is understood by the ENGINEER that the line sizes of designated utility facilities detailed on the deliverable are from the best available records and that an actual line size is normally determined from a test Upland Avenue from 66th Street to 1141h Street Page 11 of 24 Engineering Scope of Services July 26, 2018 hole vacuum excavation. A note must be placed on the designate deliverable only that states "lines sizes are from best available records". Above ground appurtenance locations collected as part of the topographic survey will be included in the deliverable to the City. This information shall be provided in the latest version of Micro Station or GeoPak used by the City or the State. • Deliverables: — The electronic file will be delivered on CD or DVD. A hard copy will be signed, sealed, and dated by the ENGINEER. 6. Preliminary Design (Schematic) 6.1 Project Management 6.1.1 Develop project communication plan • Conduct progress and design review meetings to monitor the development of the project. During this phase of the project, conduct up to: — Six (6) meetings with the City and/orTxDOT regarding project status and coordination issues. The first meeting will be a preliminary design concept conference (DCC). Four (4) design review meetings, one each at the following milestone submittals: 30%, 60%, 90% and 100% schematic submittals. Prepare meeting agendas and distribute minutes • Coordinate with subconsultants (environmental, drainage, survey, and SUE) • Prepare and e-mail monthly progress reports to the project team (City and KHA Staff). Note: during periods of ENGINEER inactivity because of submittal reviews, etc., the reports may be suspended. 6.1.2 Develop project production plan • Develop work plan (identify tasks and subtasks) ■ Develop roles and assignments • Develop schedule and interim milestones 6.1.3 Prepare Design Summary Report (DSR) and update throughout schematic design 6.1.4 Project Administration • Prepare project correspondence, and invoicing documents. 6.2 Data Collection (City to provide hard copy and electronic format if available) 6.2.1 Roadway Data ■ Electronic design files from TxDOT for the US 62-82 interchange. 6.2.2 Drainage Data • Aerial and LiDAR information • Existing storm drainage facilities / record drawings • Existing hydraulic models 6.2.3 Utility Data — Public Utilities — Coordination with SUE subconsuitant and collection of the following: ■ Existing water line locations / record drawings Upland Avenue from 66tn Street to 114th Street Page 12 of 24 Engineering Scope of Services July 26, 2018 • Water master plan requirements ■ Existing storm sewer line locations / record drawings • Storm sewer master plan requirements • City utility relocation requirements (if applicable) 6.2.4 Traffic TxDOT approved traffic counts Obtain current year and 20-year projected ADT volumes from TOOT Transportation Planning and Programming Division ■ ENGINEER will prepare a line diagram and letter of request for the City to submit to TOOT to request traffic projections. 6.3 Roadway (Schematic) 6 3.1 Prepare Schematic roadway design for the ultimate Type T-1 Thoroughfare (5-lane arterial) ■ Prepare typical sections Existing and Proposed — Depict subgrade and pavement (use existing City/TxDOT pavement design) • Prepare preliminary plan and profile (roll plot format). Items to be included: Plan View ♦ Control data ♦ Existing / proposed right-of-way t Existing topography t Existing pavement • Proposed centerline alignment and horizontal curve data ♦ Proposed face of curb ♦ Proposed medians (if applicable) t Proposed transition pavement tie-ins to existing pavement t Proposed storm sewer and culvert alignments and sizes t Existing/Proposed traffic signal poles ♦ Existing trees to remain (if possible) ♦ Existing trees to be removed t Existing driveway locations ♦ Proposed commercial driveways (proposed residential driveways will be included in the final design) t Existing culvert and/or storm drain locations t Existing water line locations ♦ Existing sanitary sewer line locations Upland Avenue from 661h Street to 114th Street Page 13 of 24 Engineering Scope of Services July 26, 2018 ♦ Existing franchise utility locations (relying upon information provided by franchise utilities and the data collected as part of the SUE) — Profile View Existing Ground Profile • Proposed vertical alignment at proposed center line ♦ Proposed vertical alignment at gutter flow line ♦ Proposed cross drainage culverts (none anticipated) Superelevation Data • Prepare Design Cross Sections on 11" x 17" sheets 6.4 Drainage 6.4.1 Compile the hydrological and hydraulic data. Use data from as -built plans and FEMA maps to locate drainage outfall(s) and to determine existing storm sewer and culvert sizes, design flows, and water surface elevations for use in the design of roadway geometry. 6.4.2 Develop the project drainage area map • Determine conveyance paths, channel slopes, time of concentration, and runoff coefficients as required to calculate design -year flows. • Subdivide the overall drainage areas into sub -areas and calculate the discharge at each discharge location. • Determine if storm sewer is required for complex drainage areas. 6.4.3 Develop ICPR Existing and Proposed H&H Model and analyze results 6.4.4 Develop Proposed Roadway Profile to accommodate drainage needs 6.4.5 Analyze drainage improvements required to accommodate the new roadway 6.4.6 Evaluate the adequacy of the ROW needed to accommodate the proposed roadway and drainage system Identify the need for and preliminary size of any necessary drainage easements to accommodate the proposed offsite drainage improvements. 6.4.7 Deliverables: Draft Technical Memo for Hydraulic Analysis. Identify the impacts to abutting properties and the 100-year floodplain due to proposed roadway improvements, identify the water surface elevations for the 2, 5, 10, 25, 50 and 100-year storm events, identify and locate ❑utfalls, drainage outfall descriptions, provide overall drainage area map, sub - drainage area map, storm water detention facilities, and provide a drainage study report identifying the results of the study, The drainage report, signed and sealed by a professional engineer, shall include applicable hydrologic and hydraulic models such as HEC-RAS, HEC-HMS, ICPR, and other applicable models. Upland Avenue from 66th Street to 114th Street Page 14 of 24 Engineering Scope of Services July 26, 2018 Final Technical Memo for Hydraulic Analysis. If requested, the Engineer shall prepare a Final Drainage Study in accordance with the State's Hydraulic Design Manual, District criteria, and any specific guidance provided by the State. The Engineer shall not evaluate the adequacy of the existing drainage structures as part of the Basic Services. 6.5 Utilities 6.5.1 Public and Franchise Utilities Graphically designate on the schematic the location of existing utilities based upon information provided by the City and SUE survey information. ■ Identify public utility conflicts with proposed roadway 6.5.2 Public Utilities Design ■ Establish the location of existing public utilities based upon information provided by the City and field survey information 6.6 Traffic 6.6.1 Indicate existing and proposed traffic volumes on the schematic document. 6.6.2 Traffic Signals — indicate on the schematic the intersections which warrant existing or future traffic signals. 6.6.3 Traffic Control Plan -- ENGINEER will develop a conceptual traffic control plan to determine how the project will be phased and constructed to provide access to adjacent properties during construction. 6.7 Design Exceptions and Waivers 6.7.1 We do not anticipate the need for any design exception or waivers. If any are required, we will provide them as Additional Services if authorized by the City of Lubbock. 6.8 Construction Cost Projection (Dr Opinion of Probable Cost) 6.8.1 Perform quantity takeoff and develop construction cost projection 6.8.2 Evaluate both municipal and TxDOT bid tabulations for current trends in unit prices 6.9 QA/QC milestone review for all deliverables in the Preliminary Design Phase 6.10 Schematic Deliverables (roll plot) --The final (100% complete) schematic will be finished to a level of detail that is equivalent to a 30% complete PS&E plan set— but in roll plot format. 6.10.1 Submit a PDF copy of the schematic to the City and TxDOT for review and comment at 30% schematic completion 6.10.2 Address City and TxDOT comments from 30% review and submit a "Comment and Response Matrix" with submittal of 60% schematic. 6.10.3 Submit a PDF copy of the schematic to the City and TxDOT for review and comment at 60% schematic completion 6.10.4 Address City and TxDOT comments from 60% review and submit a "Comment and Response Matrix" with submittal of 95% schematic. 6.10.5 Submit a PDF copy of the schematic to the City and TxDOT for review and comment at 95% schematic completion Upland Avenue from 66th Street to 114th Street Page 15 of 24 Engineering Scope of Services July 26, 2018 6.10.6 Address City and TOOT comments from 95% submittal and submit a "Comment and Response Matrix" with submittal of the 100°% schematic. 6.10.7 Submit a PDF copy and two (2) paper roll plots of the City -approved 100% schematic to the TOOT Lubbock District for final review and approval. 6.10.8 Conduct 100% schematic review meeting with City and TOOT to solicit review comments and discuss approach to addressing comments 6A0,9 Address City and TOOT comments and re -submit FINAL Schematic for approval (if necessa ry). 6.10.10 City Submittals (30%, 60% and 95%) shall include the following: ■ Preliminary roadway alignment (plan and profile) • Preliminary hydraulic report • Preliminary design cross sections ■ Preliminary opinion of probable construction cost 6.10.11 TOOT Submittal (100%) shall include the following: ■ Schematic Roll Plot document • Design cross sections • Preliminary opinion of probable construction cost ■ Updated Design Summary Report ■ Form 1002, Page 3 Upland Avenue from 661h Street to 114th Street Page 16 of 24 Engineering Scope of Services July 26, 2018 UPON RECEIVING WRITTEN APPROVAL OF THE SCHEMATIC DOCUMENT BY THE CITYAND TxDOT THE ENGINEER WILL PREPARE A LEVEL OF EFFORT TO PERFORM TASK 7 THROUGH TASK 11. THIS LEVEL OF EFFORT WILL HE NEGOTIA TED AND AUTHORIZED UNDER A FUTURE AMENDMENT BY COUNCIL ACTION. The following tasks are necessary to take the approved schematic to full plans, specifications and estimate ready forbidding and construction. Tasks include ROW Mapping and Acquisition, Franchise Utility Coordination and Relocation, Subsurface Utility Coordination (QL A), Final Plans Design (PS&E) and Hid Phose Services. The level of effort negotiated will include tasks necessary to develop PS&E far a one -mile segment of Upland Avenue from 661h to 82°d street. The segment will be developed as one package at a time as authorized by Council, as funding becomes available. ROW mapping and Acquisition could include individual one -mile segments or the entire three-mile corridor, depending on available funding and Council direction. 7. Right of Way Mapping and Acquisition 7.1. Proposed Right -of -Way and Easements — all Right-of-way (ROW) documents will be prepared to comply with the Texas Department of Transportation (TxDOT) ROW Manual. Acquisition procedure will comply with TxDOT and Federal Highway Administration guidelines and policies. 7.1.1 The ENGINEER will prepare proposed right-of-way / easement base map. Maps shall be contained on standard size plan sheets (22"04") at a scale not smaller than 1" = 30', shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: • Summary sheet listing all parcels to be acquired, property owners, gross area of property, square footage and type of easements, net area of property after acquisition, a column for volume and page of filing, and current volume and page • Corners of all parcels tied to the centerline • Location of property pins • Parcel number • Area required ■ Area remaining ■ Current owner • Any existing platted easements or easements filed by separate instrument including easements provided by utility companies 7.2 Right of Way Services 7.2.1 The ENGINEER shall perform the following ROW services in support of the City of Lubbock and TxDOT to acquire the needed property to construct the proposed roadway improvements. These services will be performed to comply with TxDOT and Federal Highway Administration rules and procedures for ROW acquisition. ■ Schedule and coordinate property appraisals. Upland Avenue from 66th Street to 114th Street Page 17 of 24 Engineering Scope of Services July 26, 2018 • obtain Title Reports for each parcel to determine proper owner for negotiations. ■ Conduct appraisals on up to 43 parcels to determine fair market value of properties to establish fair market value for either fee title acquisition of roadway right-of-way or for the purchase of a roadway and/or drainage easement. • Negotiate with property owners on behalf of City of Lubbock and TxaOT for purchase of roadway and/or drainage easements on up to 43 parcels. • obtain final approval from City of Lubbock and TxaOT prior to making offers and prior to making final agreement in negotiations. • Deliver properly executed documents to the City of Lubbock. 7.2.2 Prepare right of way and easement instruments (Up to 43 parcels anticipated) 7.2.3 Individual parcel exhibits shall be on S %"x11" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: • Parcel number • Area required ■ Area remaining • Legal description ■ Current owner ■ Easements locatable in the public record. ■ All physical features ■ Metes and bounds description of parcel to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately. 8. Franchise Utility Coordination 8.1. Final Design Coordination: 8.1 1 At PS&E start up, send project notice to all Franchise Utilities via registered certified mail to provide project limits and schedule for construction. 8.1 2 Data Collection and Research ■ Update and maintain database of existing franchise utility representatives, including representative contact information (email, mailing address, prone, etc.) • Prepare PS&E exhibit that indicates franchise utility locations based upon SUE 8.1 3 Franchise Conflicts Evaluation • Coordinate possible conflicts due to vertical alignment of roadway with SUE for Level "A" data acquisition • Prepare exhibit indicating franchise utility information based upon vertical information obtained from the Level "A" SUE survey 8.14 Coordinate utility relocation assignments and schedule ■ Schedule six (6) monthly coordination meetings with franchise utility companies. These meetings will be held for engaging franchise utility Upland Avenue from SOth Street to 114th Street Page 18 of 24 Engineering Scope of Services July 26, 2018 companies, to identify potential utility conflicts, and to coordinate the scheduling of relocating conflicting utilities. ENGINEER will work with franchise utilities to develop relocation plans to be prepared by the utility companies and initiated prior to letting. ENGINEER will monitor and verify relocations. ENGINEER will survey locations and depths of relocated utilities to verify utilities are placed in the recommended locations. Anticipate up to twenty-four (24) site visits for confirmation. 9. Subsurface Utility Engineering (SUE) -- (QL) A 9.1. Utility Data — Franchise Utilities. The scope of this project will include Quality Level (QL) A Subsurface Utility Engineering (SUE) Investigation. The ENGINEER shall obtain information on existing utilities from utility owners and shall identify and evaluate known existing and proposed public and private utilities. The ENGINEER shall identify potential conflicts and attempt to minimize the potential adverse utility impacts in the preparation of the schematic design. The ENGINEER shall prepare a base map depicting the utility locations. Utility investigations, both subsurface and above ground, will be prepared in accordance with ASCE C-138-02 and according to the Utility Quality Levels as described below: Utility Quality Levels are defined in cumulative order (least to greatest) as follows: Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Incorporates quality levels B, C and D information to produce Quality Level A. Level A is included in this scope of work. The ENGINEER will perform Level A at up to twenty (20) locations within the project site. Locations will be coordinated with City of Lubbock. This information shall be provided in the latest version of Micro Station or GeoPak used by the City or the State. Deliverables: The electronic file will be delivered on CD or DVD. A hard copy will be signed, sealed, and dated by the ENGINEER. 10. Final Design — PS&E (This section applies to each One -Mile Package of Upland. The first PS&E Package includes Upland between 66th Street and 82"d Street.) 10.1. Final Design (PS&E) Project Management 10.1.1 Progress and Review Meetings: Upland Avenue from 66th Street to 1141h Street Page 19 of 24 Engineering Scope of Services July 26, 2018 • schedule, prepare for, attend, and document one (1) PS&E Kickoff Meeting, four (4) Progress Meetings and two (2) Review Meetings to monitor the development of the project. - PS&E Kickoff Meeting — ENGINEER will use the Final Approved Schematic as the 30% PS&E design to be discussed at Kickoff. - Progress Meetings will be held to discuss design issues and progress of plan production. - Review Meetings will be conducted {one (1) at 60% and one (1) at 95% PS&E Submittal). 10.1.2 Site Visits - Attend up to ten (10) site visits during the final design phase to take photos, field measurements, and a plans -in -hand walk-through 10.1.3 Coordinate with subconsultants 10.1.4 Prepare and e-mail monthly progress reports to City. 10.1.5 QA/QC • ENGINEER will perform an internal review prior to all submittals (60% and 95%) in accordance with quality assurance standards established for this project. QA/QC comments will be collected from each internal reviewer, documented, and comments addressed prior to each plan submittal to the City • City review comments will be documented and addressed after each review meeting. ENGINEER will create a "Comment Log" in spreadsheet format, documenting the comment and the action taken to resolve the comment. 10.1.6 Project Administration • Prepare project correspondence and invoicing documents 10.2. Final Roadway Design (PS&E) 10.2.1 Start with approved schematic 10.2.2 Prepare plan / profile sheets on 11" x 17" plan sheets at a scale of 1" = 100' horizontal, and 1" = 10' vertical. ■ include the following items in addition to those included in the preliminary design submittal: - Proposed easement locations (if any) - Proposed sidewalk locations - Proposed residential and commercial driveways - Horizontal Alignment Data - Traffic Control Phasing layouts - Pavement marking layouts - Erosion control plans Barrier free ramps Demolition plan Intersection layouts Small sign summary - Standard design details TOOT standards 10.2.3 Analyze all driveways within the project and develop driveway profiles as needed. Driveways will typically be defined vertically by spot elevations. Upland Avenue from 66th Street to 114th Street Page 20 of 24 Engineering Scope of Services July 26, 2018 10.2.4 For side street reconstruction more than 100-ft beyond the main street right-of- way, prepare a plan / profile of the side street improvements. Otherwise, the side street improvements will be defined vertically by spot elevations. 10.2.5 Develop design cross -sections • Develop on 50-ft station intervals and at driveway centerlines ■ Show pavement and subgrade, right-of-way limits, side slopes, pavement cross slopes, curbs, and sidewalks • Cross -sections will not be provided in the bid documents but will be made available to prospective bidders 10.2.6 Prepare roadway details to clarify intent of design 10.2.7 Compile applicable City standard details. Modify standard details as needed. 10.2.8 Pavement Markers and Marking Plans ■ Prepare pavement markers and marking layouts in accordance with City design standards and the Texas Manual of Uniform Traffic Control Devices (TMUTCD) • Prepare details to clarify intent of design • Compile applicable City standard details. Modify standard details as needed. • Signing layout and design will not be provided • List the signs on the TxDOT standard summary sheets together with totals for each mount type. 10.3. Drainage (Final PS&E) 10.3.1 Plan Production • Provide Drainage Area Map complete with time of concentration routes, curve numbers calculated as per the Drainage Criteria Manual (DCM) for each drainage area, drainage area denoted in acres, and all necessary points of interest labeled ■ Provide hydrologic and hydraulic data sheets showing the necessary calculations and assumptions • Provide a drainage easement/channel grading plan for each drainage easement/channel proposed • Provide erosion control plans, details, and SWPPP • Provide depth of flow indications for the 100-year design storm within ROW and any corresponding finished floor elevations • Provide cut -fill plan where roadway embankment is placed within the limits of a playa lake • Prepare a Floodplain Development Permit • Provide drainage technical specifications for erosion control methods and any off -site earthwork Evaluate impact of the TCP on surrounding drainage and provide interim drainage plan, if needed. 10.4. Utilities - Public 10.4.1 Water and Sewer Upland Avenue from GO Street to 114th Street Page 21 of 24 Engineering Scope of Services July 26, 2018 ■ Adjustments to existing water valves and manholes will be specified in the plans. ENGINEER will prepare special utility details to clarify intent of design (if needed) 10.4.2 Compile applicable standard details. Modify standard details as needed. 10.5. Traffic 10.5.1 Traffic Signals • ENGINEER will design adjustments to existing traffic signals that are determined to conflict with proposed roadway improvements. This could include relocation of signal pole(s), ground box(es), controller cabinet, ped pole(s), and/or conduits and cables. • For intersections that do not currently warrant a traffic signal, but which are likely to be warranted at a future date, the ENGINEER will identify the locations for future signal poles and controller boxes, and then design conduit and ground boxes to be installed with the roadway construction. ■ ENGINEER will install Pedestrian Poles for existing traffic signals which are not in compliance with current TDLR requirements. • All signal design is to be coordinated with the City of Lubbock Traffic Engineering ❑epartment. 10.6. ITS 10.5.1 ENGINEER will design and install conduit, cable and ground boxes for ITS connections of traffic signals 10.7. Traffic Control Plans 10.7.1 ENGINEER will develop construction sequence plan showing: • Travel lanes and construction area for each phase of construction • Temporary signing and striping, barricades, and ❑ther channelization devices ■ Narrative of the sequence ❑f work ■ Public utilities construction phasing (if needed) • Adjacent property access during construction 10.7.2 ❑evelop typical TCP cross sections showing lane widths, edge conditions, channelization and proposed construction area 10.7.3 Develop TCP typical intersection staging plans far similar intersections. Develop custom intersection staging layouts for special conditions. 10.7.4 Develop TCP typical driveway staging plans for similar driveways. Develop custom driveway staging layouts for special conditions. 10,7.5 Prepare traffic control details t❑ clarify intent of design 10.7.5 Compile applicable City standard details. Modify standard details as needed. 10.8. Illumination 10.8.1 Design of pavement illumination systems to provide lighting levels in accordance with applicable local codes and IE5NA recommended practices. 10.8.2 Prepare a photometric layout and perform ❑ne iteration of the photometric layout based on the City's review. 10.8.3 Prepare illumination construction plans as needed for inclusion in the civil construction documents. The illumination plans will include light pole location Upland Avenue from 66tn Street to 114th Street Page 22 of 24 Engineering Scope of Services July 26, 2018 data, foundation details, conduit routing, conductor sizing, and electrical service locations. 10.8.4 Provide supporting calculations 10.8.5 Provide technical specifications for the light poles and fixtures. 10.8.6 Coordinate with focal electric service providers for electrical service locations 10.8.7 Schedule and conduct two (2) meetings with LP&L and/or SPEC and the City to discuss design of the illumination system. ENGINEER will work to locate overhead utilities such that standard 30, 40' or 50' illumination poles can be installed without conflict with overhead utilities. 10.9. Interim Design Submittal (60%) Deliverables 10.9.1 Submit six (6) 11" x 17" paper copies of the 60% PS&E (with PDF file) to the City and TxDOT for review and comment. 10.9.2 This submittal will provide assurance that project scope is addressing project issues, and will allow for design changes with sufficient lead time for minor revisions. Deliverables to be provided with this submittal include: ■ Typical Sections (100%) ■ Title Sheet (100%) • Index of Sheets (75°%) • Construction Phasing (100%) • Traffic Control Plan (75%) • Plan & Profile Sheets (90%) • Intersection Layouts (75%) ■ Hydraulic Analysis (100%) • Drainage Details (90%) ■ SW3P (75%) ■ EPIC Sheet (100%) • Utility Layouts (95%) • Signing and Striping Layouts (75%) • Illumination, ITS and Signal Layouts (75%) • quantities and Summary Sheets (60%) ■ Updated Estimate 10.10. Final Design Submittal (95%) Deliverables 10.10.1 Submit six (6) 11" x 17" paper copies of the 95% PS&E (with PDF file) to the City and TxDOT for review and comment. 10,10.2 This submittal should be essentially complete except for revisions found during review. Deliverables to be provided with this submittal include: ■ All deliverables required in the 60% submittal completed • General Notes (limit discussion to issues of importance, not spelling errors, etc.) • DCIS Estimate ■ Specification List ■ Triple Zero for utility adjustments ■ Form 1002 PS&E Submission Upland Avenue from 66th Street to 114th Street Page 23 of 24 Engineering Scope of Services July 26, 2018 Form 2229 Significant Project Procedures Construction Timeline • Speed Zone Request 10.11. Final Design Submittal (Bid Set) Deliverables 10.11.1 ENGINEER will submit an electronic PS&E file submission as required by TxDOT, to include electronically sealed plan sheets and all supporting documents required for bidding. 10.12. Post Bid Submittal Deliverables 10.12.1 ENGINEER will submit ten (10) 11" x 17" sets of plans after the project's bid opening. 10.12.2 Submit one (1) PDF electronic copy of the plan set and specifications, including addenda, on DVD after the project's bid opening. 11. Bidding Phase 11.1. ENGINEER will support TxDOT during the bid phase to address and respond to questions from prospective bidders. 11.2. ENGINEER will prepare and submit addenda changes that are necessitated by questions during the bid phase. 11.3. ENGINEER will incorporate addenda changes into the Final Plan Set. 12. Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Such services shall include, but are not limited to, the following: 12.1. Construction staking 12.2. Design of any offsite drainage improvements beyond the improvements identified in the scope 12.3. Existing water or sanitary sewer relocations 12.4. Proposed water or sanitary sewer installations 12.5. Landscape design 12.6. Irrigation design 12.7. Construction Contract Administration 12.8. Design of structural retaining walls 12.9. Preparation for and attendance at public meetings beyond what was identified in the scope 12.10. Furnish additional copies of review documents and/or bid documents more than the number of the same identified above 12.11. Assist the City as an expert witness in litigation about the project or in hearings before approving and regulatory agencies 12.12. Redesign to reflect project scope changes requested by the City ❑rTOOT, required to address changed conditions or change in direction previously approved by the City or TOOT, mandated by changing governmental laws, or necessitated by the City or TxDOT's acceptance of substitutions proposed by the contractor - End of Scope of Services - Upland Avenue from 66th Street to 114th Street Page 24 of 24 Engineering Scope of Services July 26, 2018 EXHIBIT 6 City of Lubbock Cityof Lubbck Upland Avenue - Fee Proposal Summary rtaas Revised July 26, 2018 Environmental and Schematic Phase - 66th Street to 114th Street (3 miles) State and Local Participation Kimley)))Horn Task Task Description KHA CMEC FNI HRA PaveTex Rios Group Subtotal 1 Environmental Document and Public Involvement $ 34,200,00 $ 149,000.00 $ 183,2130.O1) 2 GeotechnicalInvestigation $ 2,100.00 $ 12,600.00 $ 14,700.00 3 Franchise Utility Coordination $ 11,300,00 $ 11,30D,00 4 Surveying $ 11,200.n0 $ 220,800,00 $ 232,000.O1) 5 Subsurface Utility Engineering (QL - 8) l3 miles] $ 2,600.00 i$ 140,800.00 1 $ 143,40D.00 6 schematic Design, H&H, and Meetings S 317,500,00 is 170,500,00 $ 107,300,00 1 S 595,400.DD subtotals $ 379,OOO.OD $ 149,000.00 1 $ 17Q,SQO.QD $ 328,100.110 $ 12,600.D0 $ 140,800.DD I $ 1,180,000.00 Final Design (PS&E) - 66th Street to 82nd Street (1 mile) State and Local Participation Task Task Description KHA CMEC FNI HRA PaveTex Rios Group Subtotal 8 Franchise Utility Coordination $ 9 Subsurface Utility Engineering (QL- A) {3 miles] $ 10 Final Roadway and H&H Design (66th to 82nd) $ 11 Bid Phase Support $ Subtotals $ Is $ $ $ $ Is Right of Way Acquistion - 66th to 114th Street (3 miles) Local Participation Only Task I Task Description MA CMEC FNI HRA PaveTex Rios Group subtotal 7I Right of Way Acquistion 1 1 $ _ Subtotals $ Is Is $ $ $ Fee Breakdown by Firm: Environmental and Schematic Phase Only. Firm Sub -Total %of contract Kimley-Horn $ 452,055.00 38.3% Cox -McLain Environmental Consulting 5 135,428.00 11.5% Freese and Nkhols $ 155,D0D.00 13.1% Hugo Reed and Associates $ 298,180.00 25.3% PaveTex Engineering $ 11,387-00 1.0% The Rios Group $ 127,950.00 10.8% Subtotal $ 1,180,ODO.00 200.0% Fee As A Percentage of Construction: Upland ENV & SCHEM: 65th - 114th l3 miles] Estimated Construction Cost: $ 15,000,000 Environmental & Schematic: $ 1,180,000 Percent of Construction: 7.87%