Loading...
HomeMy WebLinkAboutResolution - 2021-R0451 - Contract 16180 with HDR Engineering 11.16.21Resolution No. 2021-R0451 Item No. 6.6 November 16, 2021 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 Agreement No. 16180 for the design and bid of Erskine Street project, by and between the City of Lubbock and HDR Engineering. Inc., a Texas Corporation, 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 November 16, 2021 DANIEL M. POPE, MAYOR ATTEST: Retie ca Garza, City Secr tart' APPROVED AS TO CONTENT: Jest a cEachern, Assistant City Manager APPROVED AS TO FORM: t ` lli Leisure, Assistant City Attorney ccdocs/RES.PSA-No.16180 Erskine Street 10.1 1.21 Resolution No. 2021-R0451 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. _16180 is entered into this 16th day of November , 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional engineering services for the design and bid of Erskine 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 term of 10 months. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page IofIt 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 $1,544,635.00, 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 andior 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. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2of11 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. ARTICLE VIII. INSURANCE Page 3 of 11 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 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains Page 4of11 said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit N/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. ARTICLE XI. INDEMNITY Page 5of11 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: HDR Engineering, Inc. J.M. Gonzalez, P.E. 613 NW Loop 410 San Antonio, Texas 78216 Telephone: 210-841-2904 Email: j.m.gonzalez@hdrinc.com C. City's Address. The City's address and numbers for the purposes of notice are: Page 6ofII Bailey Ratcliffe, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: batcliffe@mylubbock.us 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. F. Construction and Venue. Page 7 of 11 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 party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of Page 8of11 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. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas 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. R. Professional Responsibility. All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. Page 9 of 11 CITY OF LUBBOCK ATTEST: Rebe ca Garza, City Secreta S�' APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM Division Director of Engineering/City Engineer Jesica McEachern, Assistant City Manager APPROVED AS TO FORM: AAA &- kelli Leisure, Assistant City Attorney DANIEL M. POPE, MAYOR Firm HDR Engineering, Inc. Lim Mark Borenstein, P.E., Vice President Page 10 of 11 Texas Government Code Subtitle F, Title 10, Chapter 2271 Mark D. Borenstein I, representative of HDR Engineering, Inc. (hereafter referred to as company) (Person name), the undersigned Pursuant to Section 2271.002, applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. Verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above -named Company, business or individual with the City of Lubbock acting by and through City of Lubbock. October 7, 2021 Date Authorized Signature Page II of11 Exhibit A Erskine St. Reconstruction Scope of Services Background The project consists of the reconstruction of Erskine St. from the N. Frankford Ave. to the city limits. The existing roadway is approximately 26-feet wide and consists of one lane in each direction. The City has requested that the roadway be designed as a 5-lane roadway consisting of two lanes in each direction, a two-way left turn lane, applicable left turn lanes, curb and gutter, sidewalks, shared -use path, driveways, medians (as needed), and necessary improvements. Roadway shall be designed in accordance with the City of Lubbock design guidelines. Project Scope of Work The project's purpose is to upgrade the rural 2-lane section of Erskine St. to an urban 5-lane section from N. Frankford Ave. to the city limits. The City of Lubbock has contracted with HDR Engineering, Inc. (HDR) for professional services in accomplishing the project purpose. Task 1: Project Management and General Items HDR will perform coordination and management of the project, HDR staff and consultants, project initiation, preparing and maintaining a schedule, invoicing, and coordination with the City. HDR will communicate through a single point of contact which is the designated HDR Project Manager (PM). HDR will provide the City with monthly progress reports and invoices in accordance with the scope for the duration of the project. HDR will administer the scope of work, communicate with the project team, and manage the project to completion within the schedule and budget established and at the level of quality expected by the City of Lubbock. Project related meetings and correspondences will be via email, phone calls, in person meetings, and virtual platforms. Task 1 Assumptions: 1. Two (2) HDR staff will attend a maximum of six (5) meetings in person (kickoff meeting, three (3) project milestone meetings, and one (1) pre -bid meeting). 2. HDR will provide draft meeting minutes to the City within two (2) working days following each meeting for approval and distribution. Task 1 Deliverables: 1. Submit monthly progress reports and invoices to the City via email. 2. One (1) digital copy of each meeting minutes in pdf format to the City via email. City of Lubbock I Erskine St. Reconstruction ��� Scope of Services Task 2: Data Collection HDR will gather available digital data which can be downloaded from online via local, state, and federal agencies. Utility Block Maps will be gathered from local utilities within the project area. HDR will perform field reconnaissance to gather project photos, field measurements, and general area knowledge when additional information is deemed necessary by HDR after the initial review of the acquired digital data. Task 2 Assumptions: 1. Project data including but not limited to as -built drawings, the City field visit records, records and other previous project analysis will be provided by the City of Lubbock. 2. A maximum of two (2) HDR staff will perform up to two (2) field visits. 3. Field measurements will be limited to existing drainage infrastructure, typical road sections (average width and curb height), and drainage pattern verification. Task 2 Deliverables: 1. One (1) digital copy of gathered documents in PDF format 2. One (1) digital copy of notes in PDF format. Task 3: Design Phase Services HDR will prepare plans for 10% (Schematic), 60%, 95%, and 100% design phase. Plans shall be prepared using Microstation V8i and Inroads or Geopak civil software. Roadway shall be designed in accordance with City of Lubbock design guidelines and design criteria. Task 3.1 —10% (Schematic) Design Phase HDR will develop a schematic layout showing the proposed improvements for Erskine St. The purpose of this design phase is to establish a footprint of the proposed improvements and identify the affected ROW. Layout shall include, but not limited to: typical section, roadway alignment, travel lanes, turn lanes, lane transitions, bicycle lanes, shared use path, sidewalks, illumination, signal locations, and ROW. HDR will complete a Preliminary Drainage Analysis of the proposed improvements for Erskine St. in accordance with the City of Lubbock Drainage Criteria Manual. The purpose of this analysis is to evaluate potential adverse impacts caused by the proposed schematic area on downstream existing infrastructure along Erskine St. and outside the ROW and identify mitigation measures if required. Task 3.1 Deliverables: 1. One (1) digital copy of schematic layout in PDF format 2. Two (2) hard copies of schematic layout in bond 3. One (1) digital copy of proposed cost estimate 2 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services Task 3.2 - Design Phase HDR will develop plans, specifications, and estimates for the milestones — 60%, 95%, and 100%. Each milestone will progress in detail from the previous developed design phase. Plans shall consist of the following scope of work: • Develop title sheet for the project plan set. • Develop an index of sheets. • Develop general notes. • Develop quantity summary sheets. • Driveway detail sheets - One overall detail sheet will be provided for the roadway segment. This will include an identification number for each driveway, existing slope, and proposed slope. Driveway penetrations exhibits will be prepared by HDR, but property owner agreements will be obtained by the City, if necessary. • Prepare horizontal alignment data sheets. • Develop project layout sheet — Layout sheet will provide limits of the proposed scope of work. • Signed survey control sheets • Prepare miscellaneous construction details. • Develop typical sections — The existing sections will indicate the pavement section as best determined by the geotechnical investigation, ROW dimensions, travel lanes, bike lanes, and sidewalks. The proposed sections will depict the proposed pavement section and roadway cross sectional dimensions including: lanes, border, sidewalks, shared use path, curb offsets, and ROW. • Develop Traffic Control Plans. • Develop Removal plan sheets. These sheets will depict the area and items to be removed by the contractor. • Develop Plan and Profile Sheets. These sheets will depict the proposed design elements to include, but not limited to: curbs, sidewalks, medians, shared use path, retaining walls, stations, offsets, elevations, and grading for the proposed roadway. Medians along corridor will be considered for access management. • Develop Intersection layout sheets to provide grading information at the following intersections: o N. Frankford Ave. @ Erskine St. o N. Milwaukee Ave. @ Erskine St. —will be designed to accommodate full buildout of Milwaukee to include raised medians. o Others • Develop a SW3P narrative for the entire project. This does not include a SW3P Permits or TCEQ notification. • Develop Erosion control plan sheets. These sheets will be provided to identify the location of BMP's within the project limits. • Develop drainage area maps for existing and proposed improvements. • Develop internal drainage maps for internal drainage system. 3 City of Lubbock I Erskine St. Reconstruction �1� Scope of Services J • Develop plan & profile sheets for proposed ditches • Develop hydrologic and hydraulic data sheets for existing and proposed systems. • Develop Cross Sections every 50 feet along the stationing. The cross section will extend from right of way to right of way and will show existing surface, proposed surface, curbs, retaining walls (where needed), and pavement section. • Develop opinion of probable construction cost • Develop Critical Path Method (CPM) construction schedule • Perform a Quality Assurance/Quality Control (QA/QC) review prior to each submittal to the City. • Address City comments after each submittal. • Submit plans for TDLR review prior to letting and after construction substantial completion. Task 3.2 Deliverables: 1. One (1) digital copy of plans in PDF format at each milestone 2. Three (3) hard copies of plans (11 x 17 bond) at each milestone 3. One (1) digital copy of proposed cost estimate at each milestone 4. Develop specifications and project manual at 95% and 100% milestone 5. One (1) digital copy of CPM schedule Task 3.3 - Drainage Design Concepts and Model Reviews (Subconsultant — Hugo Reed) Hugo Reed will serve as a technical advisor and provide drainage QA/QC of design and models. • Initial drainage concept review and evaluation • Research previous studies and reports • Plan review (4 submittals) • Model QA/QC (2 reviews) • Internal drainage coordination meetings (4 meetings) Task 3 Assumptions: HDR has assumed that the following items are not included in the base scope of services: 1. Temporary signal design 2. Permanent traffic signal design at N. Milwaukee Ave. and Erskine St. 3. Construction Phase Services 4. Environmental Permitting 5. Plat Surveys Task 4 — Illumination Design HDR will provide illumination design associated with the reconstruction of Erskine Street. The illumination design will include the following: 4 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services • Google Earth survey of the existing illumination (continuous and safety), associated electrical services, utility electric service drops, utility electric primary routing, and illumination aboveground/underground infrastructure. • Removal of all existing illumination (continuous and safety), associated electrical services, and illumination aboveground/underground infrastructure in conflict with the Erskine Street reconstruction. • Provide new safety illumination, associated electrical services, and illumination underground infrastructure for all intersections. • Provide new continuous illumination, associated electrical services, and underground illumination infrastructure services for all continuous illumination. • Utilize the minimal number of electrical services locations for the safety and continuous illumination. • Project Task List o Data Collection ■ Utility power company(s) contact(s) ■ Existing utility(s) overhead and underground routing information ■ Existing illumination electrical services information (voltage, service size, connected loads, spares, etc.) ■ Available voltage for new illumination electrical services ■ As -Builds of existing continuous, safety, and intersection Illumination along Erskine Street ■ Google Earth survey of the existing illumination (continuous and safety), associated electrical services, utility electric service drops, utility electric primary routing, and illumination aboveground/underground infrastructure. ■ HDR will attend two review meetings o Illumination Design ■ Utility power company coordination ■ Photometric analysis (Project Limits) ■ Overcurrent protection of electric services and branch circuits ■ Voltage drop analysis for electrical services and branch circuits ■ Electrical service load analysis and schematics ■ NEC and TxDOT compliance ■ Illumination Removal Plans ■ Illumination Summary & Plans ■ Illumination mounting details (if applicable) o Electrical for Illumination System ■ Utility Power Coordination - Contact the utility power company(s) for existing available voltage, service size, connected loads, and locations of existing illumination electrical services. A City of Lubbock I Erskine St. Reconstruction ��� Scope of Services - Coordinate the voltage, service size, connected loads, and locations of the new illumination electrical services. Photometric Analysis - Conduct photometric analysis (project limits) for safety, intersection, and continuous illumination foot-candle compliance. - Photometric analysis will be utilized to determine the illumination assembly selection type, distribution, mounting height, and spacing for safety, intersection, and continuous illumination. ■ Overcurrent Protection - Conduct overcurrent protection analysis for determining electrical service and branch circuit breaker sizes. ■ Voltage Drop - Conduct voltage drop analysis for determining electrical service feeders, branch circuit conductors, and conduit sizes. ■ Electrical Service Load Analysis and Schematics - Conduct load analysis for all illumination electrical services to determine the electrical service sizes. - Develop schematics for all illumination electrical services. ■ NEC and TxDOT Compliance - Design illumination utilizing the most current TxDOT Highway Illumination Manual, City of Lubbock Standards, and applicable National Electric Code (NEC). ■ Illumination Removal Plans - Develop illumination plans for removal of all existing illumination (continuous and safety), associated electrical services, and illumination aboveground/underground infrastructure in conflict with the Erskine Street reconstruction. ■ Illumination Summary & Plans - Develop illumination plans for safety illumination, intersection safety illumination, and continuous illumination. - Develop Illumination Summary for all illumination quantities ■ Illumination Details - Develop illumination details for any custom mounting not covered by the TxDOT Standards or City of Lubbock Standards. Task 4 Assumptions: HDR has assumed the following: 1. All illumination drawing files will be produced in 2D utilizing Microstation. 2. Visual 2020 Lighting Software will be utilized for the photometric analysis. 3. Utility Power Company to provide power source voltage availability for existing / new illumination electrical services and existing overhead and/or underground power source 4. If budget does not allow for illumination installation, improvements will be planned and incorporated as a bid additive. It City of Lubbock I Erskine St. Reconstruction ��� Scope of Services Task 4 Exclusions: The Scope of Services DOES NOT include the following: 1. Revising or adding new electrical loads to any existing illumination electrical services within project limits. 2. Removal of existing utility company pole mounted illumination heads and arms controlled and owned by the utility power company. 3. Final Coordination Study. 4. Arc Flash Analysis. 5. Additional construction phase services such as change orders, weekly progress meetings, and estimate reviews. Task 4 Deliverables: 1. One (1) digital copy of plans in PDF format at 60%, 95%, and 100% milestone 2. Three (3) hard copies of plans (11 x 17 bond) at 60%, 95%, and 100% milestone Task 5 — Utility Coordination HDR will provide Utility Coordination and Engineering services on this project, for a maximum of 14 utility owners, listed below: • Agritex — Gas • City of Lubbock Traffic Engineering — Traffic Lights • Atmos Energy — Gas • Mark West Powertech — Gas • City of Lubbock — Gas • City of Lubbock —Electric • City of Lubbock —Sewer-Wastewater • City of Lubbock —Water • Dexus — Communication (Phone and Fiber) • Sudden Link West Texas — Communications (Fiber and Cable) • South Plains Electric Co-op — Electric • AT&T — Communication • West Texas — Gas • Excel Energy — Gas and Electric Task 5.1 — SUE C/D Subsurface Utility Engineering Quality Level C/D: • Quality Level D: Utilities are plotted from review of available existing utility records collected. • Quality Level C: Surveyed surface -visible features are correlated with QL-D information from existing records to develop existing utility alignments. 7 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services Task 5.2 - Utility Coordination • Coordination with Project Team, Preparation and Delivery of Utility Status Reports • Determine Utility Point of Contacts, create Contact List, send out formal Notification Letters communicating project timeline and expected utility relocations timeframe. • Create and maintain Utility Communication Log tracking correspondence with utility companies. • Coordinate and Conduct Utility Project Kick-off Meeting (includes invites, preparation, agenda, and meeting minutes) (Assume 1 virtual meeting maximum) • Coordinate and Conduct individual utility coordination meetings (incl meeting minutes) (Assume-+ 3 joint virtual meetings per utility- maximum of 42 meetings) • Identify Utilities with Compensable Rights -Coordinator will investigate prior right claims by utilities submitting such claims, Coordinator will request appropriate documentation from utilities to validate prior rights and property interests • Coordination with SUE providers for QL-A Test Hole Work Plan • Review all confirmed utility conflicts with each utility company and determine best mitigation of each. • Obtain Clearance Letters for City for Utilities not in conflict. • Coordinate with each utility company to determine design time, long -lead material time, moratorium periods, bidding/ award time, construction timeframe and removal/ proper abandonment • Provide Final Contacts List, Coordination Tracking Log with Key Coordination and Meeting Minutes documented • Coordination of Utility Permitting • Coordination of Utility Construction Scheduling, Progress, adjustments with client and Utility Owners Task 5.3 — Utility Engineering • Preparation of Existing Utility Layout (includes survey, records research, proposed roadway, all proposed features, aerial background and preferred options with all utilities getting assigned a distinct line style for ease of visual identity (Excludes ASCE 38-02 QL-B and QL-A to be provided by subconsultant)), and QC. Layout is defined as a plotter Roll Plot (typical 36" x 52" Layout) • Identify utility conflicts with proposed improvements and constructability of improvements with labeling corresponding numerical ID. • Display potential utility conflicts on Utility Layout. • Create and maintain Utility Conflict Matrix identifying each Conflict ID. • Calculate conflict confirmation/ clearance with pavement/ drainage/ all improvement design information • Develop SUE QL-A Test Holes Work Plan for SUE provider at key needed Test Hole locations • Provide Calculation Binder showing evidence of all information used to confirm/ clear each conflict. • Provide formal QC of Utility Layout, Conflict Matrix utilizing Calculation Binder. P City of Lubbock I Erskine St. Reconstruction ��� Scope of Services • Upon confirmation of all conflicts, provide technical support to work with utility companies and design team(s) to obtain best solution to resolve each conflict - Design Modifications, or Protect in Place or Relocate facility. • Provide technical support for interpretation of Utility: standards, timelines, material descriptions, labor quantities, symbols, terms/ slang, and prior rights validation • Provide conceptual proposed alignments for all required facilities needing relocation • Assist utility companies in the relocation design by providing interim over -the -shoulder reviews and comment sessions on their relocation design plans. Includes comments and review of relocation plans (Compatibility with road/ drainage improvements, Compliance to Design Criteria Manual, Utility Accommodations Rules and/ or applicable Regulations, Constructability, Schedule/ sequencing for Installations, Cutovers and customer outages, removal/ abandonment of old facilities) • Prepare Proposed Utility layout • Deliver a finalized Utility Layout, Conflict Matrix and Evidence Binder Task 5 Assumptions: HDR has assumed the following: 1. This scope does not include 11x17 plan sets of project utility sheets. 2. Conflict analysis is scoped to be performed once, substantial project changes requiring significant re -analysis of conflicts and SUE needs as an additional effort is not included in this scope 3. This scope does not include Utility Relocation Design services such as water and wastewater relocation designs. 4. The level of effort is based upon surface drainage improvements only, does not include significant underground drainage structure installations 5. This scope does not include field construction inspection services such as Utility Construction Monitoring, Scheduling or Verification Task 6 — Subsurface Utility Engineering — SUE A/B (Subconsultant — LTRA) This proposal involves designating up to 8,000 of toneable utilities along Erskine Street, surveying overhead lines that cross the roadway, and providing up to 30 test holes as requested. Consultant will use record information provided City and franchise utilities to help identify all known utilities. In addition, attempt to obtain information from site personnel. Task 6.1 — Level B The scope of work involves designating known utilities by conventional geophysical means crossing the proposed geotechnical locations within the project areas. Utilities that will be marked include franchise and site utilities. Consultant will mark the location of the designated lines in the field using a combination of paint and pin flags. Upon completion of the field designating activities, Consultant will prepare a field sketch of the utilities found. The field City of Lubbock I Erskine St. Reconstruction ��� Scope of Services sketch will be developed by using survey data. These will be overlaid upon a base map. The field sketch will be used to determine any conflict with proposed bore locations. Once all known utilities are designated, Consultant will scan the defined work area(s) to search for unknown utilities. These "unknowns" can be defined as: utilities not shown on available utility record drawings, not known or recollected by site personnel, and have no above ground features in close proximity to the project area. In order to find unknown utilities, Consultant will perform passive and inductive sweeps of the area. These sweeps will be conducted north to south, east to west and diagonally across the project area(s). Task 6.2 — Level A Consultant will vacuum excavate up to 30 test holes as requested. If required, additional Test Holes will be completed at additional costs. These areas are assumed to be easily accessible with VacMasters System 4000 vacuum excavation trucks. Consultant will contact One Call prior to beginning work and will attempt to designate each line prior to completing a test hole. If the line is non toneable, Consultant will dig on the One Call marks. Consultant will open width of test hole 1' of each side of the center line of the One Call marks attempting to expose the utility. If no utility is found this will be considered a dry hole and counted as a completed test hole. If rock or "dirty backfill" is encountered Consultant will determine if the test hole should be relocated or abandoned. Task 6 Assumptions: 1. All locations are accessible. 2. Each location will be investigated using both direct and passive geophysical methods to include pipe and cable locators. 3. Geophysical search and records research does not guaranty all utilities will be found. Residential services and irrigation/sprinkler systems are not included in this investigation. Limits of any thrust blocking are also excluded. Non-conductive material utilities, i.e. PVC waterlines may require advanced geophysical methods to designate and are not included in this proposal. Consultant's Responsibilities 1. Designate utilities within project limits 2. Scan for unknown utilities 3. Provide a field sketch for use by survey 4. Prepare SUE plan sheets — CADD in Microstation 5. Vacuum excavate up to 30 test holes 6. Provide test hole locations City Responsibilities 1. Provide any available records information 2. Help coordinate access, if necessary 10 City of Lubbock I Erskine St. Reconstruction ��1 Scope of Services ` Task 7 — Real Estate Services HDR will provide Right of Way Services for Erskine Street Project. The general scope of work will include: • Project Administration Services • Title and Closing Services • Right of Entry Services • Property Description Survey Services • Appraisal and Updated Appraisal Services • Appraisal Review Services • Negotiations Services for Initial Offers • Negotiation Services for Final Offers • Document Control Services and File Management Services • Relocation Services • Condemnation Support Services (Pre -Hearing) • Condemnation Support Services (Post Hearing) Task 7.1 -Project Administration Services Communication; HDR will: • Attend bi-weekly status call meetings • Maintain current status reports of all parcel and project activities and provide weekly status reports to City Staff. • Provide schedule of all areas of work indicating anticipated start and end dates. • Prepare initial property owner list with property owner contact information. Task 7.2 - Title and Closing Services • Secure preliminary title reports for each parcel and title report updates as needed. • Prepare analysis of preliminary title report, as needed, to determine potential title problems and propose methods to cure title deficiencies. • HDR will provide title curative services necessary to provide clear title to the City. • HDR will coordinate with the Title Company to obtain an updated title commitment along with other forms required to close parcels with clear title. • HDR will assist the Title Company, as requested, to provide closing services. • HDR shall assist the Title Company, as requested, to cause the recordation of all original instruments immediately after closing at the respective County Clerk's Office. Task 7.3 - Right of Entry Services • Prepare Right of Entries. • Request Right of Entries from property owners for property surveys, environmental surveys, Environmental Site Assessments (ESA), cultural resource surveys, and geotechnical investigations, as applicable. 11 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services Task 7.4 — Property Description Survey Services • Provide executed Right of Entry from property owner to the Surveyor. • Provide copy of preliminary title reports to the Surveyor. Coordinate with the Surveyor and property owner for entry into the property for purposes of performing land title surveys. Provide review of surveys Task 7.5 - Appraisal and Updated Appraisal Services • Appraiser(s) shall provide advance notice of the date and time of their appraisal inspections of the subject property to the HDR's Project Manager in order to coordinate the appraiser's inspection with (if applicable and practical) the initial interview with the property owner by the Negotiation Agent and if applicable the Displacee by the Relocation Agent. • Prepare and conduct personal pre -appraisal contact with interest owner(s) for each parcel. • Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property. Maintain record of contact in file. • For the appraisal assignment and on behalf of City coordinate preparation of appraisal report for each parcel to be acquired utilizing City approved form. These reports shall conform to the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation as promulgated by the Appraisal Foundation. • For an updated appraisal, coordinate preparation of an appraisal update for the parcel to be acquired utilizing approved City form. These reports shall conform to the Uniform Standards of Professional Appraisal Practices. • All completed appraisals and updated appraisals will be approved by City staff. • City Staff coordinates with HDR's review appraiser (if applicable) regarding revisions, comments, or additional information that may be required. HDR's review appraiser will then coordinate with the appraiser. • As necessary, the appraiser will coordinate with the review appraiser regarding revisions, comments, or additional information that may be required. • Beyond delivery of Appraisal and updated appraisal assignments, the appraiser can be called to provide preparation and testimony for a Special Commissioners Hearing. Task 7.6 - Appraisal Review Services Review Appraiser must be approved by City. Review all appraisal reports acquired utilizing City approved form for each parcel to determine consistency of values, supporting documentation related to the conclusion reached, compliance with the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation. Prepare and submit to City the appraisal review for each Appraisal to be approved by City. 12 City of Lubbock I Erskine St. Reconstruction �11) ` Scope of Services Task 7.7 - Negotiation Services for Initial Offers • Analyze appraisal and appraisal review reports and confirm City's approved value prior to making the Initial Offer for each parcel. • Prepare the initial offer letter, Texas Landowner Bill of Rights, purchase contract, appraisal or market study, and instruments of conveyance approved by City. • The written initial offer must be sent to each property owner or the property owner's designated representative through Certified Mail -Return Receipt Requested (CMRRR). Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Retain copies of signed and unsigned CMRRR receipts. • Respond to property owner inquiries verbally and in writing within five (5) business days. • Prepare a negotiator contact report for each parcel, on City approved form. • All original documents generated or received by HDR must be delivered to City. Copies or working file documents may be kept by HDR. Maintain parcel files related to the purchase of the real property or property interests. • Advise property owner of the counteroffer process. Transmit City Staff any written counteroffer from property owners including supporting documentation, and HDR's recommendation with regard to the counteroffer. Task 7.8 - Negotiation Services for Final Offers • Prepare the Final Offer letter, purchase contract, appraisal and instruments of conveyance approved by City. • The written Final Offer and appraisal report must be sent to each property owner or the property owners designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Retain copies of signed and unsigned CMRRR receipts. • Respond to property owner inquiries verbally and in writing within five (5) business days. • Prepare a negotiator contact report for each parcel, on City approved form. • All original documents generated or received by HDR must be delivered to City. Copies or working file documents may be kept by HDR. Maintain parcel files related to the purchase of the real property or property interests. • Advise property owner of the counteroffer process. Transmit City Staff any written counteroffer from property owners including supporting documentation, and HDR's recommendation with regard to the counteroffer. Task 7.9 - Document Control and File Management Services • Files will be kept in HDR's office. HDR will maintain electronic files for each parcel. Required original documents will be kept by HDR until ROW activities are complete for all parcels. • Maintain records of all payments for property, closing costs and relocation. • Maintain copies of correspondence and contacts with property owners. • HDR will deliver ROW file documents electronically to City. • HDR will also deliver hard copies of original deeds, and title policies and all original documents signed by the property owner to City, if required. 13 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services • The ROW files will be delivered to City after all parcels have been closed by deed or Judgements of Court in Absence of Objections. If a parcel proceeds to the jury trial phase, HDR will deliver ROW files upon Notice of Deposit or otherwise instructed by the City. Task 7.10 - Relocation Services • Notify potential displaces of eligibility for relocation assistance. • Contact and provide relocation assistance to property owners and tenants affected by acquisition of right of way. Complete a form similar to TxDOT form ROW R-96, for displaces. • Provide 90-Day notice to vacate simultaneous with the delivery of Initial Offer package (if applicable). • After City has acquired Title to the property, issue a 30-day letter to vacate. • Prepare moving plan with appropriate photos and sketches along with inventory of personal property to be moved for non-residential moves. • Request moving estimates from moving companies as needed. • Coordinate moves with displaced business owners, and tenants and moving companies. • Maintain relocation contact logs. • When moves exceed $20,000, submit a moving plan to City for pre -approval. • Prepare relocation payment claim submissions for displacees on parcel. • Deliver payments to displacees. Task 7.11 - Condemnation Support Services (Pre -Hearing Support) • Upon receipt of a copy of the final offer letter, request an updated title commitment for Eminent Domain. • Use the information from the Title Commitment to join all interested parties on City approved form. • Upon completion of City's form, prepare an electronic packet containing the following documents and submit to the City: Initial Offer Package; Final Offer Package; Updated Title Commitment; Supporting Title Documents; Negotiator's Reports; Appraisal Report(s); Appraisal Review; Survey, Counteroffers from Landowner (if applicable); Attorney Representation Letters (if applicable); and any additional parcel correspondence. • Request an updated appraisal, if requested by City. • Upon receipt of packet prepared by the City Attorney which will include Petition for Condemnation, Lis Pendens, Order Appointing Commissioners, Order Setting Hearing, Oath of Special Commissioner, and Notice of Hearings, the original petition will be filed with the County Court at Law or other appropriate Court for a cause number to be assigned. • Record the Lis Pendens including the cause number with the County Clerk's Office and mail required notification letters within three (3) days. • Coordinate with the Title Company to verify all appropriate parties were named in the petition and that no changes in title have occurred. 14 City of Lubbock I Erskine St. Reconstruction �11 Scope of Services J ` • Upon assignment of a court, file the Order Appointing Commissioners with the judge, retaining a copy of the Order for the file. • Following appointment of Commissioners by the judge, secure the following documents: Oath of Commissioners, Order Setting Hearing, and Notice of Hearing signed by the Commissioners. • File all originals with the court and send an electronic copy to City Attorney. • If there is an increase in value due to the updated appraisal, HDR will prepare the revised and final offer and send it to the appropriate parties by CMRRR. • Coordinate the hearing date with City Staff or consultant to testify as to the need of the property, City Attorney, Appraiser, three Commissioners, a court reporter and owner attorney (if applicable). • Coordinate a Pre -Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with City Attorney, Appraiser, and City Staff. • After the Hearing is set, serve Notices of Hearing to the indicated parties at least twenty (20) days prior to the Special Commissioners Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) days after service of the Hearing to prepare. The scheduling of the Hearing must allow for this additional time. • Once the notices have been served, file the notices with the court and send a copy to City Staff and City Attorney. • Send a reminder letter 2-3 weeks in advance to the City Attorney, Appraiser, three Commissioners, court reporter, and City Staff concerning Hearing date. Task 7.12 - Condemnation Support Services (Post Hearing Support) • After the hearing, prepare written summary of Special Commissioners Hearing and submit to City. • Obtain the signatures of commissioners on the Award of Commissioners and file with the court for the judge's signature within 48 hours of the Hearing. • Give timesheets to Judge. The Judge determines the amount paid to the Commissioners. • Obtain and distribute three signed and file -marked copies of the Award to the City Staff, City Attorney, and Title Company. • Send the Commitment and the file -marked Award to City Staff to obtain a check for deposit into the courts. • Deposit City check in the registry of the court. File a Notice of Deposit with the court and send certified copies to each defendant notifying them of the date of the deposit. Note - The Date of Deposit is the Date of Take. • Send written notices of the date of deposit to the City Staff, City Attorney and all interested parties. Task 7 Assumptions: HDR has assumed the following: 15 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services 1. Access to historical information for the ESAs will be available within a reasonable (two week) timeframe. 2. The reports will be prepared in general conformance with ASTM E 1527-13 guidelines. 3. Three Phase I ESA reports will be prepared. 4. Eight separate parcel negotiations with eight separate property owners. City's Responsibilities: 1. Provide Introduction letter to property owners introducing HDR as their Real Estate Provider. 2. Provide instruments of conveyance, and any other documents required or requested by the City. 3. Provide approval of donations. 4. Provide timely reviews and approval, as applicable, of all documentation submitted to maintain project schedule. Timely decision -making and approval functions associated with acquisition, relocation, administration settlements, mediations, and hearings. 5. Assist, as necessary, in order to obtain the required data and information from other local, regional, State and Federal agencies. 6. Payment of property purchase costs inclusive of land acquisition costs, closing costs, title curative costs, Title Policies, Title research, recording and filing fees, and relocation assistance costs. 7. Furnish personnel to coordinate all aspects of work. Task 8 — Survey (Subconsultant — Hugo Reed) Task 8.1 — Establish Project Control • Establish horizontal and vertical control for this project using available City of Lubbock control information. • Set minimum of three (3) permanent control monuments per mile. • Establish horizontal control (NAD83) and vertical control (NAVD88) for monuments using digital level and City of Lubbock control. • Prepare a signed/sealed survey control sheet in digital format. Task 8.2 —Right-of-Way Survey Locate properties and establish existing Right -of -Way • Data Collection and Property Research o Gather existing plat information o Collect property owner and record information o Gather existing right-of-way and easement information • Locate section corners to establish alignments o Prepare ROW Base Map in digital format to include the following information: 16 City of Lubbock I Erskine St. Reconstruction ��1 Scope of Services ` ■ Location of existing Right -of -Way ■ Current recording information ■ Adjacent owners name and address (if assigned) ■ Available existing platted easements or easements filed by separate instrument including easements provided by utility companies Task 8.3 —Design Survey • Detailed topographic and improvement survey along Erskine Street thoroughfare from 500-feet East of Frankford Avenue to 500-feet West of the West line of Shadow Hills Estates, Lots 89 thru 95 & 96-A thru 102-B. When appropriate permissions have been secured the surveyed areas will include 20-feet outside existing Right -of -Way and where applicable proposed Right -of -Way. • Detailed topographic and improvement survey of the intersections of Erskine Street and Milwaukee Avenue (500-feet North and South). • Detailed topographic and improvement survey of the intersections of Erskine Street and Frankford Avenue (500-feet North and South). • Detailed survey of intersecting arterial roadways 300-feet north or south of Erskine centerline. • Detailed survey of adjacent cul-de-sac's and connecting drainage channel improvements (if any). • Perform a topographic and improvement survey to identify and locate existing topographic elements within the project corridor shown in Exhibit A, including the following: o Topographic cross -sections throughout project limits at 50-foot intervals, at cross streets, driveways, grade breaks, and at additional locations as required o Existing pavement, curbs, sidewalks, barrier free ramps, etc. o Visible utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities o Signs (excluding temporary signs) o Trees with caliper greater than 6 inches o Buildings and permanent structures o Fence limits and material types (excluding temporary fences) o Other applicable physical features that could impact design Task 8.4 —Develop Digital Support files and 3D Terrain Model • Prepare the following digital format drawings: o Survey drawing showing improvement features located in the design survey o Survey points drawing showing survey point locations o Right -of -Way drawing showing the location of existing real property boundaries • Prepare a final 3D topographic drawing in digital format (including 3D points, break lines and contours as well as a tin file) showing the features located in the design survey and an ASCII coordinate file of the points located in the field with feature descriptions. 17 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services Task 8.5 — Develop Parcel Exhibits for Right -of -Way Acquisition • Prepare parcel exhibits suitable for inclusion in Right -of -Way documents (10 parcels anticipated) • Individual parcel exhibits shall be on 8 %"x11" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: o Parcel number o Area required o Legal description o Current owner o Easements locatable in the public record. o All physical features o Metes and bounds description of parcel to be acquired. Additional Services: 1. Right of Entry services (permission to survey outside the existing ROW is not the responsibility of consultant and could cause delay of efforts) 2. Right of Way acquisition services 3. Subsurface Utility Engineering 4. Utility staking 5. Construction staking 6. Resurvey to reflect changes in ownership since original survey 7. Resurvey to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City acceptance of substitutions proposed by the contractor. Task 9 — Public Involvement HDR will public involvement support to facilitate communications to stakeholders and the public regarding the reconstruction of Erskine St. from Frankfort to the City Limits from the existing 2- lane to a proposed 5-lane urban section with shared use path. The consultant will plan and facilitate one virtual community engagement event before construction begins to share information about the project, inform the public of the project benefits and what to expect during construction. The Consultant will work with the City of Lubbock to define messaging and key talking points during the public engagement event and will develop materials to convey details and specifications of the project. Materials will include a fact sheet, exhibits depicting the project and cross-section in a clear format the public can understand as well as a presentation to present timeline of the construction and benefits of the project. The consultant will also work with the City of Lubbock to develop a mechanism for the community to sign up for alerts and updates throughout the duration of the project. 18 City of Lubbock I Erskine St. Reconstruction �11 Scope of Services J ` Task 10 — Geotechnical Engineering Task 10.1 — Field Investigation (Subconsultant — Terracon) Consultant will have eight 15-ft deep borings drilled within or adjacent to Erskine Street east of North Frankford Avenue and two 15-ft deep borings drilled within or adjacent to Milwaukee Avenue (one north and one south of Erskine Street). Soil samples will generally be obtained at about 2.5-ft intervals to the 10-ft depth and at 5-ft intervals thereafter, in general accordance with applicable ASTM standards. Two bulk samples of the soils in the upper 4 feet will also be obtained from auger cuttings. Borings will be backfilled with soil cuttings and/or bentonite pellets and capped off with a similar pavement material to the existing pavement, if drilled through the pavement. Traffic control during drilling will be provided by a traffic control company subcontracted under Terracon and be in accordance with the Manual on Uniform Traffic Control Devices (flagmen, traffic signs and cones), if required. Task 10.2 — Laboratory Tests (Subconsultant — Terracon) Laboratory tests will be conducted to determine the pertinent engineering and index properties of the soils encountered. Tests will include Atterberg limits, partial gradation analyses and natural moisture content measurements conducted in general accordance with the applicable ASTM standards. In addition, two California Bearing Ratio tests (ASTM D1883), including two moisture density relationship tests, will be performed on remolded samples from the bulk samples obtained to evaluate the subgrade strength. Soluble sulfate content tests will be performed to evaluate the potential for sulfate -induced heave if lime treatment is used. PI and pH lime series tests will be performed to determine the required amount of lime to treat the soil, if required. Task 10.3 — Engineering Engineering analyses of the results of the field and laboratory data will be made to develop flexible and rigid pavement thickness design and construction recommendations. Pavement design will be in accordance with the current TxDOT Pavement Manual or the 1993 AASHTO Design Guide. The subgrade strength for analyses will be estimated from correlations with strength and classification test results. The recommendations will be presented in an engineering report along with supporting field and laboratory data. The report will include the following: • General subsurface conditions, including boring logs with descriptions of strata, summary of laboratory test results, and water levels obtained at the time of drilling. • Boring location plan. • Flexible and rigid pavement thickness design recommendations. • Recommendations for earthwork including subgrade preparation. • Discussions regarding methods to help mitigate the effects of the highly expansive clay soils, if encountered. 19 City of Lubbock I Erskine St. Reconstruction ��� Scope of Services Task 10 Assumptions: 1. Design 18-kip Equivalent Single Axle Loads for 20-year and 30-year design life will be provided by the City of Lubbock for both flexible and Rigid pavement. 2. Construction materials testing during construction is not included in HDR's scope of services Task 11 — Bid Phase Services HDR will support the City during the Bid Phase of the project. The general scope performed will consist of: • Preparing advertising documents • Distribution plans and specifications to contractors and plan rooms • Attend pre -bid meeting • Respond to contractor questions (8 RFls) • Prepare and distribute addenda • Review bids and prepare bid tabulation Project Schedule The proposed timeline for completion of the major tasks of the Scope of Work is as follows: Description AL 1 Project Management and General Items 10 2 Data Collection 1 3 Design Phase Services C i 10% (Schematic) Design Phase 2 60% Design Phase —� 95% Design Phase 2 100% Design Phase 1 4 Illumination Design — 60% Design Phase -- --� 3 95% Design Phase _ _ 2 j 100% Design Phase 1 5 _ _ Utility Coordination 9 _ 6 Subsurface UtilityEngineering_ I-TRA) 2 7 Real Estate Services 12 8 Survey (Hugo Reed) 1.5 9 Public Involvement 1 10 Geotechnical Engineering Geotech Drilling & Lab (Terracon) 1 _ Geotechnical Engineering 11 _ Bid Phase Services 2 Durations are estimated from Task NTP. 20 City of Lubbock I Erskine St. Reconstruction Scope of Services Exhibit B Erskine St. Reconstruction Budget CITY and ENGINEER have established a not -to -exceed fee of $1,544,635 to complete services under this Contract, as shown below by major task. This amount will not be exceeded without a contract amendment. As estimated fees for each task are estimates only, CITY and ENGINEER agree to allow redistribution of funds between tasks as appropriate to allow flexibility in providing the needed services within the total not -to -exceed fee. Fees will be billed as a raw salary costs times a multiplier of 3.048 plus direct expenses. ENGINEER agrees to complete these services as delineated above. Should a change in Scope of Services or Time of Performance be necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of services. 1 Project Management and General items $ 88,697 2 Data Collection _ $ 28,347 3 Design Phase Services 10% (Schematic) Design $ 88,392_ _ 60% Design _ _ _ $ 326,292 95% Design $ 193,856 100% Design _ $ 100,383— Drainage Design Concepts and Model Reviews (Hugo Reed) $ 12,160 4 Illumination Design 60% Design $ 43,126 95% Design — — — -- $ 25,160 100% Design $ 18,963 5 Utility Coordination $ 172,038 6 _ Subsurface Utility Engineering — SUE A/B (LTRA) $ 66,772 _ 7 t Real Estate Services $ 214,905 8 Zsurvey (Hugo Reed) $ 85,140 9 1 Public Involvement i $ 7,907 10 Geotechnical Engineering Geotechnical Drilling & Lab Testing (Terracon) $ 16,895 Geotechnical Engineering $ 11,855 11 Bid Phase Services $ 19,357 SubTotal $ 1,520,245 21 Mileage Postage Hotel Printing Airfare Rental Car _ Meals _ Certified Letter _ TDLR Review SubTotal Design Fee Direct Expenses City of Lubbock I Erskine St. Reconstruction �♦J� Scope of Services FBudget $ 9,976 $ 400 $ 3,900 $ 1,666 $ 4,800 $ 640 $ 1,428 $ 80 $ 1,500 $ 24,390 $ 1,520,245 - - ' $ 24,390 $ 1,544,635 22 MODIFICATION FOR TIME EXTENSION ON PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This modification to Professional Service Agreement ("Agreement") Contract No. 16180, is entered into this 12thday of July , 2022, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc., (the" Engineer"), a Texas corporation. In accordance with "Article 1. Term" of this Agreement, the City Engineer, by this modification, grants an additional six (6) months of time to complete services of the Agreement so long as the amount of consideration does not increase. This modification does not grant any additional consideration. The City acting through its governing body must approve an amendment for an increase of compensation. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK APPROVED AS TO CONTENT: Michael G. Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: Oft lli Leisure, Assistant City Attorney Firm HDR Engineering, Inc. By: Mark Borenstein, P.E., Vice President Page 1 of 1