Loading...
HomeMy WebLinkAboutResolution - 2023-R0035 - Contract 17088 with Lockwood Andrews & Newnam Inc. for 82nd and MLKResolution No. 2023-R0035 Item No. 6.7 January 24, 2023 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 Contract No. 17088 for professional services for 82nd Street and MLK Jr. Boulevard reconstruction project, by an between the City of Lubbock and Lockwood, Andrews & Newnam, Inc., a Texas corporation an related documents. Said Contract is attached hereto and incorporated in this resolution as if full set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: Rebe ca Garza, City Sec APPROVED AS TO CONTENT: CX - Erik Rejino, Assistant City Manager APPROVED AS TO FORM: K lli Leisure, Assistant City Attorney January 24, 2023 ccdocs/RES.PSA-No. 17088 — LSN 82nd and MLK reconstruction 1.9.23 Resolution No. 2023-R0035 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17088 is entered into this 24th day of January , 2023, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Lockwood, Andrews & Newnam, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for 82nd Street (I-27 to MLK Jr Blvd.) & MLK Jr Boulevard (82nd St. to 74th St.) Reconstruction Project, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 24 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 1 of 11 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 Three Million Four Hundred Twenty -Four Thousand Eight Hundred Seventy - Seven and 00/100 Dollars ($3,424,877.00), 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 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. ACKNOWLEDGMENTS 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 2of11 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 applicable 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 acknowledges 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 Page 3 of 11 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 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 carvers 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: Per Claim/Annual Aggregate: $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. Page 4 of 11 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 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 C, if applicable and 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 acknowledges that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5of11 ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND, --'OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Lockwood, Andrews & Newnam, Inc. Justin C. Reeves, P.E. Vice President 1300 Summit Avenue, Suite 300 Fort Worth, Texas 76102 Telephone: 972-532-1303 Email: JReeves@lan-inc.com Page 6 of 11 C. City's Address. The City's address and numbers for the purposes of notice are: James Dean City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3524 Email: JDean@mail.ci.lubbock.tx.us 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. Page 7 of 11 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 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, or acknowledgments 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. Page 8 of 11 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 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 Government Code 2274. By entering into this Agreement, Engineer verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Engineer is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Engineer verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. R. Engineer represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Engineer is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Engineer verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy Page 9 of 11 companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Engineer or vendor agrees that the contract can be terminated if the Engineer 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. T. 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 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: 'tt' - )�� Reb cca Garza, City Secr APPROVED AS TO CONTENT: Michael G. Keenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: hj'm�- 4efli Leisure, Assistant City Attorney Firm Lockwood, Andre "44,vewnam, Inc. Just Reev4s, P.E. Vice P sident Page 11 of 11 Exhibit'N Services to be Provided by the Engineer The project will involve the reconstruction and widening of three (2) asphalt rural streets. They are as follows: • 82nd Street — IH 27 to MLK (7,500 LF) • MLK Jr. Boulevard — 82nd Street to 74th Street (2,600 LF) The 2018 City of Lubbock Thoroughfare Plan Update classifies 82nd Street as a 7-lane undivided Principal Arterial (Partial) and MLK Jr. Boulevard as a 5-lane undivided Principal Arterial (Modified) (Partial). The City of Lubbock will construct only two travel lanes with a 14-foot center turn lane. Improvements will include roadway paving, grading, pavement markings, roadway illumination, right-of-way acquisition, and stormwater/drainage hydraulics. The Engineer shall provide engineering services for development of construction plans, data collection and analysis, drainage, conceptual traffic control, 3-D modeling, surveying and mapping, subsurface utility engineering (SUE), and franchise utility coordination for aforementioned projects. I. Basic Services A. Project Management and Coordination 1. Kick -Off Meeting The Engineer shall attend a project kick-off meeting to review and establish management processes, project schedules, and design summary reports. The Engineer's Project Manager and Roadway Design Task Lead shall attend the in - person meeting. 2. Site Walk The Engineer shall conduct a site visit with the CITY project manager and develop a technical report that includes photographs outlining the findings and observations. 3. Internal Coordination The Engineer shall direct and coordinate the various elements and activities associated with developing the design, provide contract administration, . 4. Monthly Progress Reports The Engineer shall prepare and submit monthly reports to the CITY. Progress reports shall summarize work completed previous week, work to be complete next week, technical and contractual issues, and status of right-of-way acquisitions. The weekly progress report will be a one -page document delivered by email. The Engineer shall call the City's PM on a bi-weekly basis to provide a verbal update. 5. Project Schedule and Monthly Updates The Engineer shall prepare a graphic project work schedule indicating tasks, critical dates, milestones, deliverables, and City review requirements. The project work schedule will include the order of the various tasks, milestones, and City of Lubbock Page 1 of 18 82nd Street and MLK Jr. Boulevard Exhibit'N Services to be Provided by the Engineer deliverables. The Engineer shall review the schedule monthly and provide updates regarding its progress on the schedule to the City B. Concept Design for Ultimate Roadway Build -Out The objective of this milestone is to provide a concept design for the full -build roadway out as defined on the City's 2018 Thoroughfare Plan. The concept design developed with this project will serve as the basis of design for future private development and projects by city forces. 1. Base Map The Engineer shall develop the base maps to be used for the analysis and proposed schematic layout from existing construction and right of way (ROW) plans as available. The Engineer shall re-establish the existing centerline horizontal alignments for roadways, identify existing ROW and easements, property owners, and the approximate location of major utilities based on a SUE in the preparation of base maps. 2. Geometric Pavement Design The Engineer shall develop a preliminary geometric project layout (Layout) and a preliminary 3D corridor model for the planned length of the project to be reviewed and approved by the CITY prior to the Engineer proceeding with the 60% milestone submittal package. The Layout must consist of a planimetric file of existing features and the proposed improvements within the existing and proposed ROW. The layout will also include the following features: existing and proposed ROW, existing and proposed horizontal and vertical alignment and profile grade line, cross drainage, lane widths, cross slopes, ditch slopes, pavement structure, corner clips, retaining walls (if applicable) guard rail (if applicable), and water surface elevations for the 100-year rainfall frequency. Existing major subsurface and surface utilities will be shown on the Layout. The Engineer shall consider Americans with Disabilities Act (ADA) requirements when developing the Layout. The layout will be prepared in accordance with the current City of Lubbock Minimum Design Standards. The Engineer shall provide horizontal and vertical alignment of the project layout in English units for main lanes and cross streets. Minor alignment alternatives will be considered to provide for an optimal design. The Engineer shall also provide proposed and existing typical sections with the profile grade line (PGL), lane widths, cross slopes, ROW lines, ditch shapes, pavement structures and clear zones depicted, etc. The 3D corridor model will be created using AutoCAD's Civil3D tools. The 3D corridor model will depict the project to verify the feasibility of the proposed design and produce roadway cross sections. The Engineer shall determine City of Lubbock Page 2 of 18 82"d Street and MLK Jr. Boulevard Exhibit'N Services to be Provided by the Engineer earthwork volumes for use in the Opinion of Probable Construction Cost (OPCC). The Engineer shall prepare 11-inch x17-inch or roll plots of the cross -sections. Prior to proceeding with the 60% milestone, the Engineer shall also present to the CITY for review and approval, alternatives for phased construction (left versus right side) with recommendations and cost estimates for four alternatives (two per roadway section). See Basic Service Task B.S. Subtasks include: a) Typical Sections b) Horizontal Alignment c) Pavement Plan d) Pavement Profile e) Roadway Cross Sections 3. Drainage Report The Engineer shall prepare a preliminary drainage report based on the CITY's 2020 Drainage Analysis Report Template. 4. Utility Corridor Design The Engineer shall review the CITY's Water and Wastewater Master Plan and prepare utility corridor locations for future city facilities to minimize impacts to future roadway and drainage improvements. The City of Lubbock will prepare detailed construction plans and construct these facilities under a separate construction contract. 5. Construction Phasing The purpose of this task to determine which half of the roadway will be constructed with this project. The Engineer shall review two alternatives for each roadway that consist of constructing partial typical section on either side of the right of way. The Engineer will provide a recommendation of the preferred alternative to the City. The Preliminary Construction plans will only include three traffic lanes for both streets. It is assumed all Right -of -Way will be obtained during this project. Changes to the construction phasing caused by right-of-way limitations is not included in this contract and is considered additional work. 6. Franchise Utility Coordination The Engineer shall prepare a utility conflict matrix from Subsurface Utility Investigation performed under Special Service Task E. Matrix will document utility, owner, location, nature of conflict, proposed action. Matrix and Concept Design Plans will be provided to Franchise Utilities for their review. City of Lubbock Page 3 of 18 82"d Street and MLK Jr. Boulevard Exhibit'N Services to be Provided by the Engineer 7. Opinion of Probable Construction Cost The Engineer shall prepare a conceptual OPCC estimate for the project, including the costs of construction, and ROW acquisition for the associated improvements. Subtasks include: a) Pay Item Determination b) Quantity Take -Offs c) Unit Price Determination 8. Deliverables a) Concept Roll Plots b) Drainage Report c) Franchise Utility Coordination Matrix d) Opinion of Probable Construction Cost C. Preliminary Construction Plans 1. Concept Design Comment Log a) Review and Reconcile Concept Design Comments The Engineer shall document and provide written responses to CITY review comments. The Engineer shall meet with the CITY at their office and reconcile comments with the CITY prior to revising the concept drawings. The Engineer's Project Manager and Roadway Design Task Lead shall attend in -person. Other Engineer Task Leads will attend virtually as determined by the meeting agenda. b) Revise & Reissue Concept Roll Plots The Engineer shall revise the concept roll plots based on the comment resolution meeting in Basic Service Task C.1. The revised concept drawing will serve as the basis for preparation of Preliminary Construction Plans. 2. Prepare Preliminary Construction Plans The preliminary construction plan set consists primarily of three types of plan sheet: General Sheets, Primary Design Sheets, and Secondary Design Sheets. General Information Sheets (G) document general project information and require minimal effort to complete, or most of the effort to complete is included in other design tasks. These sheets will be verified at each submittal but will be essentially completed at the Preliminary Construction Plan submittal. Primary Design Sheets (P) document project elements that require completion prior to secondary design elements. The sheets will be essentially complete at the 60% Preliminary Construction Plan submittal and will have follow on coordination effort at the 90% Pre -Final Construction Plan Phase. (e.g., paving plan and profile sheets) Secondary Design Sheets (S) document project elements that are largely dependent on the primary design elements. These components will have preliminary design and appropriate documentation to verify the City's City of Lubbock Page 4 of 18 82"a Street and MLK Jr. Boulevard Exhibit "N Services to be Provided by the Engineer requirements are met. Annotation required for construction will be provided at the 90% Pre -Final Construction Plan Phase. a) Title Sheet (G) The cover sheet shall include a location map. Additionally, the cover sheet shall show the project name, project number, date, CITY logo, Consultant's logo, address, and telephone number and other items as may be specified. b) Sheet Index and Legend (G) A sheet index with drawings numbered consecutively will be prepared. c) General Notes (G) The CITY Standard General Notes and Design Standards will be reviewed an appended to conform to the project scope of work. d) Survey Control (G) The Engineer's Surveyors shall also prepare a Survey Control Sheet, signed, sealed and dated by the professional engineer in direct responsible charge of the surveying and the responsible RPLS for insertion into the plan set. The Survey Control Sheet shows an overall view of the project control and the relationship or primary monumentation and control used in the preparation of the project. e) Project Layout (G) The project layout sheet(s) will be drawn to a scale of 1" = 50' and laid out with the north arrow up or to the right. The purpose of the project layout is to depict the project in a simplified view. Major items of work will be shown with minimal detail. Survey control points and centerline alignment data shall be shown f) Typical Sections (G) The Engineer shall prepare typical sections for proposed and existing roadways and structures. Typical sections must include width of travel lanes, shoulders, outer separations, border widths, curb offsets, and ROW. The typical section will also include Proposed Profile Grade Line (PGL), centerline, pavement design, longitudinal joints, side slopes, sodding or seeding limits, concrete traffic barriers and sidewalks, if required, station limits, common proposed and existing structures including retaining walls, existing pavement removal, riprap, limits of embankment and excavation, etc. g) Quantity Sheets (G) The Quantity Summary Sheet will provide a list of the pay items and estimated quantities in the contract. h) Traffic Control Plan The Engineer shall prepare construction sequence of work sheets with general traffic control requirements for major construction phases to be followed by the contractor. Detailed traffic control plans for short term duration shall be prepared by the Contractor. City of Lubbock Page 5 of 18 82"d Street and MLK Jr. Boulevard Exhibit'A' Services to be Provided by the Engineer i) Roadway Alignment Data (G) The Engineer shall prepare alignment data sheets that include the following information: curve data (if applicable), PC, PI, PT station and coordinates, curve radius and degree of curve, deflection angle, tangent bearings and lengths, stations and station equations (if applicable), station/offset information (in relation to other alignments within the project limits), Engineer's seal, signature and date j) Removal Plan (S) The Engineer shall prepare removal plan view sheets the items for contractor removal, such as structures, pavements, guard rails, and other existing appurtenances. k) Paving Plan and Profile Sheets (P) Prepare paving plan and profile sheets arranged from south to north and from west to east, with the north arrow up or to the right on the sheet. Paving plan and profile sheets will be drawn to scales of 1" = 50' horizontal and 1" = 2'vertical. Stationing will be from south to north or west to east with the beginning station being set at approximately 1+00. Each paving plan and profile sheet will include no more than 500 feet of street; thus, leaving ample margins both left and right. The plan and profile station will align vertically on the sheet with the proposed centerline drawn parallel to the profile grid. When there is a centerline curvature, the plan -profile should be drawn so that as much of the plan view is in alignment as possible. Paving plan and profile sheets shall depict all existing and proposed items pertinent to the project; edges of pavement/curbs will be tied to project baseline geometry. 1) Intersection Layouts (P) Prepare intersections layouts including contours, flow arrows, and side street profiles to supplement Paving Plan and Profile Sheets. m) Drainage Area Maps (P) Prepare overall drainage area maps for Playa Lakes systems overflowing through the project limits and site drainage area maps for lands draining in to and/or through the project limits. n) Hydraulic Data (P) Document project hydraulic data determined in Special Service Task B in the City of Lubbock's standard Drainage Report Format. o) Culvert & Ditch Plan and Profile Sheets (P) Prepare cross drainage plan and profile sheets (if site topography permits) that are adequate for conveying runoff generated from irrigation and minor rainfall events. Prepare ditch plan and profiles sheets for storm water conveyance. It is anticipated that ditches will be continuous on one side of the corridor during the interim until full build construction is completed. City of Lubbock Page 6 of 18 82"d Street and MLK Jr. Boulevard Exhibit'N Services to be Provided by the Engineer p) Existing Utility Sheets (S) Prepare sheets documenting franchise utility contacts, adjustments to be coordinated by the contractor during construction, and work to be performed by others. The design of franchise utility relocations is explicitly excluded from this scope of services. q) Roadway Illumination (S) The Engineer shall prepare roadway illumination plans consisting of continuous lighting (existing or new electrical service) with LED IES Type 2 or IES Type 3 luminaires mounted on 40ft or 50ft poles. Poles will be mounted on break away transformer bases. Illumination pole foundations will consist of 30-inch diameter with a depth of 6 to 10 ft. Illuminance photometric calculations will be provided and adhere to TXDOT highway Illumination Manual 2018 (Table Illuminance and Luminance Design Values). Photometric calculations shall include LED luminaire light loss factors as shown TXDOT Roadway Illumination and Electrical Supplies, Material Producer List. Design will include provisions for future traffic signal fiber optic cabling. Provisions to include below grade conduit and communication ground boxes routed adjacent to the illumination electrical conduits and electrical ground boxes r) Summary of Small Signs (S) The Engineer shall prepare summary of small signs that are required for the project. The TXDOT standard summary sheet will be used. s) Signage and Pavement Markings (S) The Engineer shall prepare sheets documenting signage and pavement markings along the project corridor in accordance with the Texas Manual of Uniform Traffic Control Devices and the City of Lubbock Minimum Design Standards. t) Erosion Control/SWPPP (S) The Engineer shall prepare sheets documenting site erosion controls, BMP's, and phasing in accordance with the Texas General Construction Permit (TXR150000). The Contractor shall be responsible for preparing the SWPPP documentation and filing NO1 and NOT with TCEQ. u) Roadway Cross Sections (P) Cross sections shall be drawn to scales of 1" = 40' horizontal and 1" = 5' vertical on sheets of 1" grids H and V. They shall be arranged from bottom to top of the sheet looking up station and shall show existing and proposed features and improvements. Generally, no more than eight (8) sections per sheet are to be plotted. Each section should extend beyond the easement and rights -of -way a sufficient distance to clearly show the relationship between the proposed improvements and the existing properties. Full sections will be drawn at critical locations, such as driveways, retaining walls, and at maximum spacings of 50 feet. City of Lubbock Page 7 of 18 82"a Street and MLK Jr. Boulevard Exhibit'A' Services to be Provided by the Engineer v) Standard Construction Details (G) The City's and TxDOT's standard drawings will be used as a beginning point in developing standard details for this project. They will be reviewed and modified for this project. 3. Franchise Utility Coordination The Engineer shall update the utility conflict matrix. Matrix will document utility, owner, location, nature of conflict, proposed action. Matrix and Preliminary Construction Plans will be provided to Franchise Utilities for their review. Utility coordination will be documented on the existing utility plans. 4. Opinion of Probable Construction Cost a) Update Quantity Take -Offs and Unit Prices b) Pay Item Descriptions (Special Provisions) Pay Items descriptions will reference applicable specifications, tasks that are subsidiary, incidental, or excluded from the pay items, and specify the measurement for payment. A payment schedule will be provided for lump sum pay items c) Outline for Special Specifications 5. Right -of -Way a) Prepare preliminary Right of Way Parcels The Engineer shall prepare preliminary parcel sketches 6. Deliverables a) Preliminary Construction Plans (Plan Adequate) b) Preliminary Opinion of Construction Cost c) Pay Item Descriptions & Special Specification Outline d) Preliminary Right -of -Way Parcels (Adequate to begin ROW Acquisition Services) D. Pre -Final Construction Plans 1. Preliminary Design Comment Log a) Review and Reconcile Preliminary Design Comments The Engineer shall document and provide written responses to City review comments. The Engineer shall meet with the City at their office and reconcile comments with the City prior to beginning work on the Pre -Final Construction Plan milestone. 2. Pre -Final Construction Plans a) Primary Design Sheets The Engineer shall document coordination between substantially complete primary design elements with secondary design elements City of Lubbock Page 8 of 18 82"d Street and MLK Jr. Boulevard Exhibit "N Services to be Provided by the Engineer b) Secondary Design Sheets The Engineer shall provide construction specific documentation for secondary design sheets. 3. Opinion of Probable Construction Cost a) Update Quantity Take -Offs and Unit Prices b) Revise Pay Item Descriptions (Special Provisions) c) Prepare Special Specifications 4. Franchise Utility Coordination a) Coordination with Franchise Utilities 5. Deliverables a) Pre -Final Construction Plans b) Pre -Final Opinion of Probable Construction Cost c) Pre -Final Project Manual E. Final Construction Plans 1. Pre -Final Design Comment Log a) Review and Reconcile Pre -Final Design Comments 2. Final Construction Plans 3. Opinion of Probable Construction Cost 4. Deliverables a) Bid Plans b) Bid Estimate c) Project Manual (specifications and special provisions only) II. Special Services A. Bid Phase Services Bid Phase Services will be defined later and are not included in this scope of work. B. Hydrologic and Hydraulic Engineering 1. Data Collection The engineer shall provide the following data collection services: City of Lubbock Page 9 of 18 82"d Street and MLK Jr. Boulevard Exhibit'N Services to be Provided by the Engineer a) Site Investigation (1) Conduct a site investigation to observe current conditions and the outfall channels, the cross -drainage structures, drainage easements, playas, and land development projects that contribute flow to the playas. Document field inspections with digital photos. (2) Meet with local government officials to obtain historical flood records, frequency of road closure, and any additional high-water information. b) Data Collection (1) Collect reasonably available applicable data including GIS data and maps, site survey data, construction plans, previous reports and studies, and readily available rainfall history for the area. Particular sources of data collected must include, but are not limited to, the State, County, and Federal Emergency Management Agency (FEMA). (2) Collect available Flood Insurance Rate Maps (FIRMS), Flood Insurance Study (FIS) study data, and models. (3) Review survey data and coordinate any additional surveying needs. (4) Receive and review data and models regarding master drainage plan from Hugo Reed and Associates, Inc. c) Letter Report Submit a letter report to the City Project Manager detailing completion of data collection. 2. Hydrologic Analyses The engineer shall provide the following services: 1. Calculate discharges using appropriate hydrologic methods (as outlined in the Drainage Criteria Manual) and as approved by the City. 2. Consider the pre -construction and post -construction conditions in the hydrologic study. 3. Obtain the drainage area boundaries and hydrologic parameters such as impervious covered areas, and overland flow paths and slopes from appropriate sources. 4. Include, at a minimum, the "design" frequency outlined in the Drainage Criteria Manual and the 1% Annual Exceedance Probability (AEP) storm frequency. S. Determine overflow discharges to playa lakes at two locations through project area. 3. Hydraulic Analyses The engineer shall provide the following services: 1. Perform hydraulic design and analysis using appropriate hydraulic methods. 2D models will not be developed. Use the current effective FEMA models, or City of Lubbock Page 10 of 18 82"d Street and MLK Jr. Boulevard Exhibit'A' Services to be Provided by the Engineer other models as approved by the City, as a base model for the analysis. Review the provided base model for correctness and update as needed. 2. If the appropriate hydrologic model requires storage discharge relationships, develop HEC-RAS models or other City's approved models that will compute these storage discharge relationships. 3. Consider pre -construction and post -construction conditions in the hydraulic study. 4. Quantify impacts, beneficial or adverse, in terms of increases in peak flow rates and water surface elevations for the above listed hydraulic conditions and hydrologic events. 5. Use hydrograph calculations and peak flows to determine the storage required and ROW ditch design. ROW ditches should consider overflow discharges between playa lakes within project area. 6. Provide hand calculations which quantify the cut and fill within the 1% AEP flood plain, if any. 4. Assumptions: • Storm drain system design and analysis is not part of this scope. • Water quality design and impact mitigation is not part of this scope. • Drainage report will be prepared based on the "Drainage Analysis Report Template" published by City of Lubbock in 2020. • Cross drainage structures will be designed for nuisance water and irrigation runoff only. No structure will be sized for design storm events. C. Permitting Service 1. TOCIT Coordination The purpose of this task is to assist the City to permit construction activities within State rights -of -way. The Engineer will provide applicable plan sheets to supplement right-of-way permitting applications, provide responses to TXDOT review comments. 2. TDLR Review The purpose of this complete and submit inspection forms, paperwork and RAS plan reviews during design phase as required by Texas Department of Licensing and Regulations (TDLR). 3. Environmental Services a) Cultural Resources Assessment A cultural resources background review will be conducted to determine whether any archeological historic properties, including those listed on or eligible for the National Register of Historic Places (NRHP) or designation as a State Antiquities Landmark (SAL) are documented within or adjacent to the project area and if any previous cultural resources surveys have been performed in the area. The background review will also include a review of local soil, geologic and historic land use data to evaluate the potential for buried and undisturbed archeological City of Lubbock Page 11 of 18 82"d Street and MLK Jr. Boulevard Exhibit "N Services to be Provided by the Engineer historic properties in the project area. The results of the background review will be summarized in a report that provides a recommendation as to whether additional cultural resources coordination is required for the project. The report will be submitted to the Texas Historical Commission (THC) for review. A cultural resources background review will be conducted using literature and records search of the Project and surrounding area. An archaeologist will search the Texas Archeological Sites Atlas online restricted database (Atlas) for any previously recorded surveys and historic or prehistoric archaeological sites located in or near the Project area. If necessary, an SWCA archaeologist will search site files, records, and map files housed at the Texas Archeological Research Laboratory and the THC Library. SWCA's Principal Investigator will then prepare a background review report that summarizes the above information, as well as SWCAs recommendation as to whether additional cultural resources coordination are considered warranted for the project, and submit this to the Texas Historical Commission (THC) for their review. The THC has up to 30 days to review the background review and provide their recommendations regarding whether additional investigations are required. SWCA will complete the background review and submit to the THC within 15 business days of receiving notice to proceed. b) Culture resources consultation in addition to the Culture Resources Assessment (background review) is anticipated along undeveloped areas of 82nd Street from Cedar Avenue east to MLK Jr Boulevard and along MLK Jr Boulevard. D. Topographic and ROW Survey Services (performed by CobbFendley) 1. Topographic Survey The purpose of this task is to provide topographic survey necessary for project design and construction. This task shall include the following activities: a) Control Network Set project control points (10) in areas least likely to be disturbed by future construction. Control points will be documented on the Survey Control Map. b) Topographic Mapping Topographic information will be collected along the main corridor and the additional areas. This task includes the data collection of topographic data for design with the combined use of on the ground traditional Survey methods. (1) 82nd Street - From right-of-way (ROW) line to right -of way line (110 feet) and 25 feet outside of the ROW on each side (160 feet wide total) from the east side of IH-27 east to MLK Boulevard. City of Lubbock Page 12 of 18 82"d Street and MLK Jr. Boulevard Exhibit "N Services to be Provided by the Engineer (2) MLK Boulevard - From right-of-way (ROW) line to right -of way line (110 feet), 25 feet outside of the ROW along the west side, and 65 feet outside of the ROW along the east side (200 feet wide total) from 200 feet south of 82nd Street to 200 feet north of 74th Street. (3) Side Streets - From right-of-way (ROW) line to right -of way line (50 feet) and 25 feet outside of the ROW on each side (100 feet wide total) at approximately 22 locations, extending 150LF away from the approximate right of way corridor of 82nd Street. c) Right of Entry (1) Research Appraisal District Records to obtain the names of the current landowners and their contact information for the properties adjoining each side of the road (assume 110 properties). (2) Prepare sample Right of Entry (ROE) letter and submit to client for approval. (3) Send ROE letter to the landowners with a cover letter from the City of Lubbock by certified mail. (4) Prepare spreadsheet with all owner information and update the spreadsheet as responses are received. 2. Boundary Survey The purpose of this task is to provide boundary survey, records research, and Right of Way resolution, and setting property corners necessary for project design, construction, and Right of Way Acquisition. This task shall include the following documents: a) A Parcel Plat and Legal Description will be prepared for each of the required exhibits (assume 64 Parcel Takings). Two revision requests is reserved for each exhibit prior to submitting a final signed and sealed exhibit. 3. Right -of -Way Parcel Preparation E. Subsurface Utility Engineering (performed by CobbFendley) SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: • Quality Level D (QL "D") — Information derived from existing records. • Quality Level C (QL"C") — QL "D" information supplemented with information obtained by surveying visible above -ground utility features (i.e. valves, hydrants, meters, manhole covers, etc.). • Quality Level B (QL "B") — Two-dimensional (x, y) information obtained through the application and interpretation of non-destructive surface geophysical methods. Also known as "designating" this quality level City of Lubbock Page 13 of 18 82nd Street and MLK Jr. Boulevard Exhibit'N Services to be Provided by the Engineer provides the horizontal position of subsurface utilities within approximately one foot. • Quality Level A (QL "A") — Also known as "locating", this quality level provides precise three-dimensional (x, y, z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. It is the responsibility of the SUE provider to perform due -diligence with regards to records research (QL "D") and acquisition of available utility records. The due -diligence provided for this project will consist of contacting applicable "one call' agencies, visually inspecting the work area for evidence of utilities, and reviewing the available utility record information. Utilities not identified through these efforts will be referred to as "unknown" utilities. CF personnel will scan the defined work area using electronic prospecting equipment to search for "unknown" utilities. CF is not responsible for designating and locating "unknown" utilities that were not detected while scanning the work area. For this project QL "B" will be within the area shown on the attached SUE project limit exhibits. The work area will include up to approximately 20 feet outside the anticipated ROW, checking for any utilities that might be in an easement behind the public ROW. It is assumed during our investigation we may designate the following utility lines within the project work area: water, WW, electric (incl. lighting and traffic signal), gas, telecom (incl. fiber, telephone, cable TV), storm. We assume we do not need to include service lines to buildings, and any irrigation control wires. We assume we will include all overhead utility mapping, providing ownership names for all electric and telecom lines observed on poles. 1. 82"d Street QL "B" SUE 2. MLK Jr. Boulevard QL "B" SUE 3. QL "A" Designation Test holes are not included in this contract based on the nature of the proposed project. The Engineer will review the findings QL "B" and make any recommendations to the City for QL "A" test holes. This work will be performed with a supplemental agreement. F. Geotechnical Services (performed by TerraCon) The purpose of this task is to provide geotechnical investigation consisting of field exploration, laboratory testing, engineering analysis, and reporting for use during design of this project. This task shall include the following documents and activities: City of Lubbock Page 14 of 18 82"a Street and MLK Jr. Boulevard Exhibit'N Services to be Provided by the Engineer a) Field Investigation Sixteen (16) pavement borings to a depth of approximately 10 feet spaced approximately 500 feet apart across the proposed alignment. b) Sampling and Testing (1) Four samples are obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using split -barrel sampling procedures. A standard 2-inch outer diameter split barrel sampling spoon is driven into the ground by a 140-pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18-inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT resistance values, also referred to as N-values, are indicated on the boring logs at the test depths. (2) Prepares field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials encountered during drilling, and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the geotechnical engineer's interpretation, and include modifications based on observations and laboratory tests. (3) Review field data and assign various laboratory tests to better understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of field work. Procedural standards noted below are for reference to methodology in general. In some cases, local practices and professional judgement require method variations. Standards noted below include reference to other related standards. Such references are not necessarily applicable to describe the specific test performed: • Water content • Moisture density • Atterberg limits • Grain size analysis • California Bearing Ratio • Modified Proctor c) Geotechnical Report A geotechnical report of the study will be prepared by an engineer specializing in soil mechanics and foundation engineering after reviewing available structural, geological, borings, and laboratory data. In general, the following items will be included in the report: • Boring logs with field and laboratory data • Stratification based on visual soil classification • Groundwater levels observed during and after completion drilling City of Lubbock Page 15 of 18 82"d Street and MLK Jr. Boulevard Exhibit'A' Services to be Provided by the Engineer • Site and Boring location plans • Subsurface exploration procedures • Description of subsurface conditions • Subgrade preparation/earthwork recommendations • Recommendations for pavement design and construction with comparison to City of • Lubbock pavement requirements General earthwork recommendations ASSUMPTIONS: • Traffic control for lane closures can be conducted during weekday hours between 8 AM and S PM. • Right of Entry is not anticipated. • Laboratory samples will be held for no more than a period of 60 days following completion of the final report or 120 days following completion of the draft report, whichever is less. • The City of Lubbock and Texas One Call System will be contacted to locate buried utilities. We will take care to minimize damage to existing facilities; however, our activities may result in some damage to vegetation or unidentified existing utilities. This proposal specifically excludes any costs associated with restoration of vegetation or repair of utilities damaged by our operations that were not previously identified by Texas One Call or City of Lubbock. G. Right -of -Way Acquisition Services 1. Voluntary Right of Way Scope (6 months; 60 Parcels, assumed 30 successful acquisitions) See Attachment A.1 2. Mandatory Right of Way Scope (12 months; 30 Parcels) See Attachment A.2 H. Construction Phase Services Construction Phase Services will be defined later and are not included in this scope of work. City of Lubbock Page 16 of 18 82"d Street and MLK Jr. Boulevard Exhibit'B' Project Budget Summary I. Basic Services A. Project Management and Coordination (Expected Completion: Ongoing) $ 116,443.00 B. Concept Design (30%) (Expected Completion: 6/30/2023) $ 212,417.00 C. Preliminary Construction Plans (60%) (Expected Completion: 12/31/2023) $ 618,256.00 D. Pre -Final Construction Plans (90%) (Expected Completion: 4/30/2024) $ 419,076.00 E. Final Construction Plans (100%) (Expected Completion: 6/30/2024) $146,363.00 Total Basic Services (Not to Exceed) $1,512,555.00 City of Lubbock Page 17 of 18 82"d Street and MLK Jr. Boulevard Exhibit'B' Project Budget Summary II. Special Services A. Bid Phase Services (Not Included Contract) (TBD) $ TBD B. Hydrologic & Hydraulic Engineering (Expected Completion: 4/30/2024) $147,925.00 C. Permitting Services (Expected Completion: 4/30/2024) $ 36,935.00 D. Topographic and ROW Survey Services (Expected Completion: 4/30/2024) $ 392,610.00 E. Subsurface Utility Engineering (Expected Completion: 4/30/2023) $ 62,629.00 F. Geotechnical Engineering (Expected Completion: 12/31/2023) $ 35,093.00 G. Right -of -Way Acquisition Services (Expected Completion: 12/31/2024) $ 1,237,100.00 H. Construction Phase Services (Not Included Contract) (TBD) $ TBD Total Special Services (Not -To -Exceed) $1,912,322.00 Project Budget. Grand Total (Not -To -Exceed) S 3.424.877.00 City of Lubbock Page 18 of 18 82"d Street and MLK Jr. Boulevard Exhibit'C' Services to be Provide by Sub -Consultants Survey Services Cobb, Fendley & Associates, Inc. Subsurface Utility Engineering Cobb, Fendley & Associates, Inc. Geotechnical Engineering TerraCon Consultants, Inc. Cultural Resources SWCA Environmental Consultants Attachment A.1 City of Lubbock Right of Way Acquisition Services 82nd Street (1-27 to MLK Jr Blvd.) & MLK Jr Boulevard (82nd St. to 74th St.) Reconstruction Project Voluntary Negotiation Program SCOPE OF WORK Term: 6 months (60 Parcels) Approximately 60 parcels are needed along the proposed 82"d Street/ MLK alignment, along 82"d Street from IH27 to MLK and from MLK to SE Loop 289. Parcels to be acquired by voluntary negotiation and work completed within six-month duration. The fees for such services shall be at the agreed rates with written authorization from the City according to the levels of effort described below: 1. Project Administration 1.1 Maintain communication with City staff and City engineering and legal consultants to coordinate Consultant's services throughout the term of the contract. 1.2 Provide summaries of project expenses, including amounts authorized, paid, and budget forecasting, summaries of current parcel status and project activities, and maintain a current schedule. Provide these to the City on a monthly basis. 1.3 Prepare and deliver monthly invoices to City staff with supporting documentation. 1.4 Attend up to 6 virtual status meetings with appropriate City staff. Date, required attendees, time are determined by City. 1.S Meet with City staff to formulate strategy for approaching landowners, and to develop an agreed project approach to achieve the City's project objectives. 1.6 Research previous communications with landowner by the City or their agents or consultants. 1.7 In coordination with City staff, prepare initial property owner contact list for use by City monthly. 1.8 Work with City staff and City's legal counsel to develop required right of way templates and forms. 1.9 Coordinate with surveyor concerning parcel surveys and metes and bounds. 1.10 Coordinate with appraiser to obtain market study. 1.11 Consult with City for approved voluntary offer amounts based on market study. 1.12 Coordinate with City staff to develop project strategy for parcels where landowners are not agreeable to sell or have not fully executed conveyance documents within 60 days. 1.13 Maintain written documents for each parcel under consideration in a separate file and will include the following information in the file: • Name, street address, and contact information for the landowner(s) • General title information for the parcel (i.e., Lubbock County Appraisal City ID number, recording information of documents establishing and affecting title) • Legal description and parcel sketch of the parcel • Site map identifying location of the parcel • Notes on each contact with the landowner(s) • Title Commitment • Appraisals (if any) • Correspondence with landowners including voluntary offer letters and contact logs • Originals of conveyance documents and any release instruments, unless originals are requested by the City 1.14 At file closeout or upon City request, compile and furnish the files to the City. 1.15 Working files will be kept in LAN's Office and will be made accessible to the City at their request. 1.16 Provide Quality Assurance/ Quality Control on all documents. 1.17 If the schedule is delayed beyond 6 months, an amendment to the contract will be required. 2. Voluntary Negotiation Services 2.1 Provide title commitments on the parcels. Review title commitments to determine potential title problems, propose and inform City of methods to cure title deficiencies. This includes review of access easements. 2.2 Draft voluntary offer letters and submit to City for approval 2.3 With City approval, mail voluntary purchase offers to begin negotiations. Packet will include Survey & Metes and Bounds description approved by the City. 2.4 Follow up on initial contact with a phone call to try to schedule a face-to-face meeting with the landowner. 2.5 Respond to property owner inquiries verbally and document with Negotiator Reports within one (1) business day of contact and in writing within two (2) days of contact if the landowner inquiry is in writing. 2.6 Prepare a separate contact report for each parcel, per contact. 2.7 Work with City's staff, engineers, board, legal consultants or other City consultants to review special terms offered or requested by landowners and to secure input and approval by the City prior to execution of conveyance documents. 2.8 Prepare agreement forms and instruments of conveyance approved by the City memorializing property transfer. 2.9 Verify that the City acquires acceptable title. (The City is responsible for title costs, including title policies, copies, and recording fees as direct pass through costs). 2.10 Contact lien holders and other entities to secure release agreements from them. This effort shall include research and contact with third parties including Secretary of State, etc. 2.11 Record conveyance documents and release instruments. 2.12 Review and provide recommendations on counteroffers. 2.13 Make reasonable efforts to resolve each negotiation timely and, if possible, under amicable terms with the landowner as those terms may be approved by the City. Landowners will be given 60 days to consider participation in the voluntary program and execute conveyance documents including releases where applicable. After 60 days, provide summary report to the City for further consideration. 2.14 This scope does not include negotiations beyond 60 days. If negotiations beyond the 60 day offer period are requested by the City, that is considered an additional service and will be billed as additional services. 3. Additional Services 3.1 Any changes to any parcel, including but not limited to, plan changes, splits of the parcel, re -appraisal, plat changes, survey changes, or other changes may require milestones to be repeated and will be billed as an additional service. 3.2 This scope does not include the effort for right of entry. If right of entries are required, that is considered an additional service and will be billed as additional services. 3.3 Any services not listed in the scope will be considered additional services and will be billed as additional services. Service Requirements of City A. Provide reviews and approval of submissions within 30 days. B. Provide landowner information to Consultant. C. Approve offer amounts based upon market study. D. Review and approve/reject changes to conveyance document language. E. Pay incidental expenses required for transfer of title to the City, for example, mandatory release processing fees, as direct pass -through costs. Consultant will include these costs as direct pass -through cost with monthly invoices. F. Pay the cost of title commitments necessary to identify and clear title for acquisition. Consultant will include these costs as direct pass -through cost with monthly invoices. Attachment A.2 City of Lubbock Right of Way Acquisition Services 82nd Street (1-27 to MLK Jr Blvd.) & MLK Jr Boulevard (82nd St. to 74th St.) Reconstruction Project Mandatory Right of Way SCOPE OF WORK Term: 12 months (30 Parcels) SERVICE REQUIREMENTS OF THE ACQUISITION PROVIDER: Services include, but are not limited to the following activities: 1. Project Administrative Services 1.1 Communication 1.1.1 Meeting with City to develop strategy for transition to mandatory acquisition. 1.1.2 Prepare and deliver one monthly invoice for each active Work Authorization to City. Prepare invoices utilizing City standard payment submission forms with supporting documentations. 1.1.3 Provide a monthly written report to City on the status of service tasks completed and service tasks remaining in order to bring each parcel into possession of the City. Provide these to the City on a monthly basis with report. 1.1.4 Attend monthly status meetings with appropriate City staff. The first month will be in person with the remaining months being held virtually. Date, required City attendees, and time are determined by City. 1.1.5 Maintain/update property owner contact list for use in distribution of Acquisition Provider introduction letters. 1.1.6 Work with City staff and City's legal counsel to develop required right of way templates and forms. 1.1.7 Coordinate with appraiser and surveyor as needed. 1.1.8 Coordinate with City staff to develop project strategy for parcels where landowners are not agreeable to sell or have not fully executed conveyance documents within 60 days. 1.1.9 Coordinate with City staff and Contractors that have the responsibility of clearing the right of way after parcels become clear for construction of the City. 1.1.10 Coordinate with City staff that have the responsibility of utility accommodation, coordination, and verification that result in the adjustment of utilities such that construction of the transportation project can proceed without delay. 1.1.11 If the schedule is delayed beyond 12 months, an amendment to the contract will be required. 1.2 File Management 1.2.1 Electronic parcel files will be provided to the City. Maintain working files in the Acquisition Provider's project management office. Electronically submit documents generated or received by the Acquisition Provider to the City. Upon closing of parcel, transfer to the City remaining documents not previously submitted. Submit to City documents required to be hard copies as generated by title company closings. 1.2.2 Maintain records of payments including check number, amount, and date paid. 1.2.3 Maintain copies of correspondence and contacts with property owners. 1.2.4 If requested, input and update parcel status in the City -designated electronic information management system. 2. Appraisal Service — Service Requirements Acquisition Provider will select and use only Appraisers approved by the City. Appraisal services will comply with the Uniform Standards of Professional Appraisal Practice ("USPAP") and Texas Law. 2.1 Real Estate Appraisal Services 2.1.1 Appraisers will provide advance notice of the date and time of their appraisal inspections of the subject property to the Acquisition Provider Project Manager and the City Project Manager in order to coordinate the Appraiser's inspection with (if applicable and practical) the initial interview with the Displacee by the Relocation Agent, if applicable. 2.1.1.1 Acquisition Provider will prepare and conduct personal pre -appraisal contact with interest owners or their designated representative for each parcel and offer opportunity to accompany the Appraiser and Relocation Agent on the inspection of the subject property. The written contact documents will use acceptable City forms and the records of contact must be part of the parcel file. 2.1.1.2 With the information from the Acquisition Provider, the Appraiser will secure permission from the owner to enter the property from which real estate is to be acquired. If after diligent effort the Appraiser is unable to secure the necessary permission from the property owner, a written waiver must be obtained from the City. The permission or written waiver must be incorporated into the appraisal reports. 2.1.2 The assignment for an initial and update appraisal are two separate and distinct appraisal assignments. The fee for each assignment will be reflective of the complexity of the specific individual assignment. 2.1.3 For an initial appraisal assignment, the Appraiser will prepare an appraisal report for each parcel to be acquired utilizing applicable City forms. These reports will conform to City policies and procedures along with the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation. 2.1.4 For an updated appraisal, the Appraiser will prepare an updated appraisal report for each parcel to be acquired utilizing applicable City forms. These reports will conform to City policies and procedures along with the Uniform Standards of Professional Appraisal Practice. 2.1.5 Acquisition Provider will prepare written notification to the City of environmental concerns associated with the right of way to be acquired, which may require environmental remediation. 2.1.6 Completed appraisals will be administratively reviewed and recommended for approval by City. NOTE: Processing monthly invoices for appraisal services will not be delayed for the purpose of the completion of the administrative review. 2.1.7 Record of the on -time delivery of appraisal reports will be kept by the Acquisition Provider and reported to City on a monthly basis. Late delivery of appraisal reports or unacceptable or untimely responses to requests from City may result in reducing the number of appraisal assignments until the Appraiser's performance improves. 2.2 Real Estate Appraisal Preparation and Testimony Services Beyond delivery of the appraisal assignments, the Appraiser may be called to provide preparation and testimony for a Special Commissioners Hearing ("Hearing"). For this appraisal assignment, the fee for the preparation time and testimony are separate from the initial and update assignment. 3. Negotiation Services Excluding Commercial Signs (CS) 3.1 Review/update preliminary Title Commitment report to determine potential title problems, propose and inform City of methods to cure title deficiencies. This includes review of access easements. 3.2 Secure Title Commitment updates in accordance with insurance rules and requirements for parcel payment submissions. There should not be any changes at this point, but if there are changes (such as abstractor's fees) these costs must be reimbursed to the Acquisition Provider as pass -through costs. 3.3 Review appraisal reports and confirm the City's approved value prior to making an offer for each parcel. 3.4 Prepare and send informational letter to each landowner describing the project and its impact upon the landowner's property and transmitting the Landowners' Bill of Rights by Certified Mail -Return Receipt Requested (CMRRR). 3.5 Issue property description to the property owner. 3.6 Prepare documents on applicable City forms. (i.e.; the initial offer letter, memorandum of agreement, instruments of conveyance) 3.7 Follow up on initial contact with a phone call to try to schedule a face-to-face meeting with the landowner. 3.8 Send the written offer, appraisal report and required brochures to each property owner or the property owner's designated representative through CMRRR; maintain coordination of closing activities, including following -up on contacts and securing the necessary instruments upon acceptance of the City's offer; and retain copies of the unsigned CMRRR receipt and the appraisal as support for billing purposes. 3.9 Meet in person when practical and negotiate in "Good Faith" with the landowner to work out and obtain in an agreement and compensation that is beneficial to the owner and the City. 3.10 The offer period will expire 60 days after the offer is received. Owner will agree to the offer amount or provide a written counteroffer within 60 days, or a final offer letter will be mailed upon authorization from the City. 3.11 Respond to property owner inquiries verbally and in writing within two business days. 3.12 Prepare a separate negotiator contact report for each parcel, per contact. 3.13 Provide title curative services. Curative services do not include costs and expenses that qualify as payment of incidental expenses to transfer real property to the City. Incidental expenses not paid to the title company are reimbursed as a pass -through cost. 3.14 Acquisition Provider will have direct contact with the title company to obtain an updated Title Commitment along with other forms and certified copies of the instrument of conveyance necessary when requesting the parcel payment through City. Original documents generated or received by the Acquisition Provider will be delivered to City. Copies or working file documents will be kept by the Acquisition Provider. Acquisition Provider will maintain parcel files of original documentation related to the purchase of the real property or property interests 3.15 Provide closing services in conjunction with the title company and will attend closings when reasonably practical. In the event of a closing by mail, title work will be reviewed prior to the closing by mail and again prior to recording of the instrument. 3.16 Record original instruments upon closing atthe respective county clerk's office. These costs are reimbursed as pass -through costs. 3.17 Secure title insurance for parcels acquired, insuring acceptable title to the City. Written approval by the City is required for any exception. There should be no charges at this point, but if there are charges (such as abstractor's fees) these costs are reimbursed as a pass - through cost. 3.18 Obtain Tax Certificates from designated personnel, when applicable. 3.19 Deduct prorated taxes in the final compensation amount, when applicable. 3.20 Advise property owner of the administrative settlement process, assist them with the preparation of a counteroffer package, and will transmit to City any written counteroffer from property owners including applicable City forms, supporting documentation and written comments with regard to Administrative Settlements in accordance with City policy and procedures. 3.21 After the 60 day offer period, when "Good Faith" negotiations fail after at least two face-to- face meetings or documented attempts and reasonable effort and correspondence with the landowner, the consultant will provide evidence of negotiations and correspondence and meet with the City to discuss further action. 3.22 Follow current City guidelines when negotiating parcels with Commercial Signs. 4. Relocation Assistance Services for Residential, Business, Personal Property, and CS 4.1 If the City directs the Acquisition Provider to cease all Contract services and terminate a Work Authorization through no fault of the Acquisition Provider, Acquisition Provider shall work with City to determine if each relocation is to proceed or letters rescinding relocation benefits are to be sent. 4.1.1 If benefits are rescinded, payment for the milestone currently being worked on will be payable in full upon submittal of the complete file to that point. 4.1.2 Relocation files will include a copy of the letter rescinding benefits and all documentation and contact logs capturing communications with the Displacee and complete documentation for claims payable up to thetime the Displacee is notified of their ineligibility for further relocation assistance. 4.2 Acquisition Provider will provide advance notice of the date and time of the initial meeting with the Displacee regarding the Appraiser's and Relocation Agent's inspection of the subject property. 4.3 Acquisition Provider will notify City approved Displacees of eligibility forrelocation assistance. At the time of initial contact, the Acquisition Provider will provide Displacees, that are approved by the City, with a Relocation Assistance Packet consisting of the following approved City forms: 4.3.1 Parcel advisory services record 4.3.2 Certificate of eligibility 4.3.3 Relocation Assistance Brochure 4.4 Acquisition Provider will provide on -going relocation assistance and advisory services to Displacees affected by the acquisition of right of way and deliver required City forms to City that are signed by the Displacee. On -going advisory services include monitoring the move and relocation activities taken by the Displacee. Frequency and manner for monitoring the move will match the complexity of the relocation, however, the expectation is multiple in - person site visits, which is standard practice, and will be documented in the contact log portion of the required City forms to be submitted at close out. 4.5 Acquisition Provider will locate, evaluate, and maintain files on comparable available housing as well as listings for non-residential properties, for the duration of the project. These files are subject to review by City as deemed necessary. 4.6 Acquisition Provider will compute and submit the request for relocation housing/rental supplement to City on the appropriate City form with supporting photos attached for each property. 4.7 Acquisition Provider shall provide 90-day notice: 4.7.1 Deliver the 90-day notice and benefits package at the same time as the written offer to purchase is delivered. 4.7.2 Not deliver the 90-day notice prior to a personal interview with the Displacee during which time the Relocation Agent determines the type, needs, and eligibilities of the Displacee, or before the issuance of the initial offer. 4.8 Acquisition Provider will provide 30-day notice to vacate once the City has possession of the property. The Displacee must be given a minimum of 90 days' notice prior to being required to vacate. 4.9 Acquisition Provider will notify City if the Displacee does not vacate the premises after 30-day notice expires. 4.10 Acquisition Provider will perform a decent, safe, and sanitary (DSS) inspection of replacement housing in accordance with City policy. Acquisition Provider will complete the appropriate City forms and submit to City. 4.11 Acquisition Provider will prepare relocation claims on appropriate forms and in accordance with City policies and procedures. 4.12 Acquisition Provider will coordinate and monitor moves with displaced homeowners, business owners, tenants, and with moving companies in accordance with City procedures. 4.13 Relocation Agent will maintain relocation contact logs on appropriate City forms journaling attempted and completed contacts with parties, including descriptions of the reasons and outcome for each contact. Copies of Displacees' emails with date and time sent will be captured in the Acquisition Provider's relocation contact logs. 4.14 Relocation Agent must: 4.14.1 Attend closings on replacement property and confirm supplemental payment is properly distributed. 4.14.2 Process and compute increased applicable interest payments. 4.14.3 Be available for any relocation appeals and meetings. 4.14.4 Prepare relocation payment claim submissions for Displacees in accordance with City guidelines. 4.14.5 Deliver warrants in accordance with City guidelines. 4.14.6 Issue Relocation Assistance Program Surveys to Displacees. 4.15 Acquisition Provider will provide an executed certification of eligibility with Displacee claims. 4.16 The City will approve the timing and content of notice to a Displacee concerning relocations prior to the Acquisition Provider sending the notice. S. Preliminary Condemnation Support Services 5.1 Acquisition Provider will prepare the final offer letter and mail the documents of conveyance by CMRRR. 5.2 The Acquisition Provider will, upon receipt of a copy of the final offer, request an updated Title Commitment for Eminent Domain from the title company. 5.3 The Acquisition Provider will use the information from the Title Commitment and other sources to join all interested parties on the request for eminent domain proceedings. Spouses of owners must be ioined. 5.4 Acquisition Provider will prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the City. 5.5 Upon completion of the request for eminent domain proceedings by the Acquisition Provider, the Acquisition Provider will prepare a packet containing documents listed in the eminent domain package submission checklist. Submit packet to the City for submission to the City attorney. 6. Additional Services 6.1 Any changes to any parcel, including but not limited to, plan changes, splits of the parcel, re- appraisal, plat changes, survey changes, or other changes may require milestones to be repeated and will be billed as an additional service. 6.2 This scope does not include the effort for right of entry. If right of entries are required, that is considered an additional service and will be billed as an additional service. 6.3 Any services not listed in the scope will be considered additional services and will be billed as additional services. SERVICE REQUIREMENTS OF THE CITY: Services include, but are not limited to the following activities: The City shall: • Ensure the right of way project has limited authority or full authority to proceed. • Provide schematics and field notes asavailable. • Enter data into Professional Services — Designated Contract databases. • Provide timely reviews and approval of submissions within 30 days. • Provide all necessary standard forms and brochures. • Process and issue all payments of appraisal fees, approved purchase prices for each parcel, relocation payment, and incidental expense involved in the transfer of property to the City in accordance with state law. • Provide final approval forall appraisals, counter offers, relocation supplements, and relocation move payments, including paying movers for a cost estimate for moving personal property. • Initiate, coordinate, and administer environmental investigation surveys. • Pay pass -through costs charged bythe title company for preliminary Title Commitments, update title commitments and title insurance for all parcels assigned in the Work Authorization. • Pay pass -through costs of incidental expenses required to transfer real property to the City, fees related to obtaining certified court documents, fees for recording court documents, filing the petition in eminent domain cases and any other recording fees for all original instruments. • Be responsible for accommodation, coordination, verification, and adjustment of utilities and supplying the Acquisition Provider with the related information in order to provide open and fully transparent communications. • Contract separately with surveyors, environmental engineers, real estate and condemnation attorneys and other professional services as needed. • Process all condemnation parcels through the City Attorney's office or third party designee. A� o® CERTIFICATE OF LIABILITY INSURANCE 1/lr'2o2a D1/9/2023 n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CNMECT PHONE I FAX C No): AC, 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 kctsu[d.lockton.com E AAAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED LEO A. DALY 1349712 8600 INDIAN HILLS DRIVE INSURERS: INSURER C : INSURER D : OMAHA NE 68114-4039 INSURER E : INSURER F : COVERAGES LEOADOI CERTIFICATE NUMBER: 19243129 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE 111M SU D POLICY NUMBER MM/DD POLICY EFF MMIDPOLICD1 EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE }{ OCCUR y Y GLO 7463242 111 `2023 1/l/2024 EACH OCCURRENCE $ 1,000,000 E T RENTED PREMDAMA ISES Ea occurrence $ 300.000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JEC 7 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY y y BAP 7463243 111'2023 1 V2024 MBINED Ea a.d.nlSINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO X BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHED AUTOS ONLY AUTOSULED X Parr amden TY DAMAGE $ XXXXXXX HIRED NON -OWNED A TOS ONLY X AUT S ONLY $XXXXXXX UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED9 ❑N (Mandatory in NH) N / A Y WC 7463244 1 1 2023 F 1'2024 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: PSA 17088, CITY OF LUBBOCK 82ND STREET & MLK JR. BLVD. RECONSTRUCTION PROJECT. THE CITY OF LUBBOCK IS ADDITIONAL INSURED AS RESPECTS TO GENERAL AND AUTO LIABILITY, THESE COVERAGES ARE PRIMARY AND NON-CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL AND AUTO LIABILITY AND WORKERS COMPENSATION WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. L" R!4112 Leif\ I =1: Lel R U R!1 19243129 CITY OF LUBBOCK TEXAS CITY OF LUBBOCK PURCHASING AND CONTRACT MANAGEMENT OFFICE 1625 13TH STREET, ROOM 204 LUBBOK TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©198812015 ACORD CORPORATION. All riahts reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M504829 Certificate ID: 19243129 Additional Insured — Owners, Lessees Or Contractors 0 — Completed Operations ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 7463242 Effective Date: 01/01/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): iy person or organization, other than an architect, gineer or surveyor, whom you are require to add an additional insured under this policy under a itten contract or written agreement executed prior a loss Location And Description Of Completed Operations iy location or project, other than a wrap-up or other nsolidated insurance program location or project which insurance is otherwise separately provided you by a wrap-up or other consolidated insurance U-GL-2168-A CW (02119) Miscellaneous Attachment: M504829 Certificate ID: 19243129 Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in such Schedule, performed for that additional insured and included in the "products -completed operations hazard". All other terms, conditions, provisions and exclusions of this policy remain the same Includes copyrighted material of Insurance Services Office, Inc., with its permission U-GL-2168-A CW (02/19) Page 2 of 2 Miscellaneous Attachment: M504829 Certificate ID: 19243129 Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I No. GLO 7463242 1 Effective Date: 01/01/2023 endorsement modltles Insurance provided and Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION, OTHER THAN ANY LOCATION OR PROJECT, OTHER THAN A AN ARCHITECT, ENGINEER OR SURVEYOR, WRAP-UP OR OTHER CONSOLIDATED INSURANCE WHOM YOU ARE REQUIRED TO ADD AS AN PROGRAM LOCATION OR PROJECT FOR WHICH ADDITIONAL INSURED UNDER THIS POLICY INSURANCE IS OTHERWISE SEPARATELY UNDER A WRITTEN CONTRACT OR WRITTEN PROVIDED TO YOU BY A WRAP-UP OR OTHER AGREEMENT EXECUTED PRIOR TO LOSS. CONSOLIDATED INSURANCE LOCATION U-GL-2169-A CW (02/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Miscellaneous Attachment: M504829 Certificate ID: 19243129 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Miscellaneous Attachment: M452691 Certificate ID: 19243129 POLICY NUMBER: BAP 7463243 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are 'insureds' for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form, This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: LEO A DALY COMPANY Endorsement Effective Date: 01/01/2023 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization you are required to add as an additional insured, including on a primary & non-contributory basis, under a written contract, written agreement or permit. Each person or organization shown in the Schedule is an "insured' for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured provision contained in Paragraph Ai. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 Miscellaneous Attachment: M504158 Certificate ID: 19243129 Notification to Others of Cancellation Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem. GLO 7463242-01 1 01/01/2023 01/01/2024 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. IName and Address of Other Person(s) / Organization(s): I Number of I 30 All other terms and conditions of this policy remain unchanged. U-GL-1446-A Cw (05/10) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 Miscellaneous Attachment: M446739 Certificate ID: 19243129 POLICY NUMBER: BAP 7463243 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: LEO A DALY Endorsement Effective Date: 01/01/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): All persons and/or organizations that are required by written contract or agreement with the insured, executed prior to the accident or loss, that waiver of subrogation be provided under this policy. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 ©insurance Services Office, Inc. Page 1 of 1 Miscellaneous Attachment: M504831 Certificate ID: 19243129 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem Return Prem. GLO 7463242 01/01/2023 01/01/2024 37385000 $INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of I Miscellaneous Attachment: M457413 Certificate ID: 19243129 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) WC 00 03 13 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-970091 Lockwood, Andrews & Newnam, Inc. Houston, TX United States Date Filed: 01/09/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17088 Engineering Services for 82nd Street & MILK Jr Blvd Reconstruction Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Daly, III, Leo A. Washington, DC United States X Benes, Edward G. Houston, TX United States X Swafford, C. Wayne Houston, TX United States X Brader, James B. Omaha, NE United States X Gilbreath, Stephen A. Houston, TX United States X Curry, W. Derrell Houston, TX United States X Vajdani, Sima Los Angeles, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Justin C. Reeves and my date of birth is My address is 1300 Summit Avenue, Suite 300 Fort Worth , TX , 76102 USA . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas a th day of January, 2023 . (month) (year) Signature a e of -ontracting business entity rthorized (De cI rant) Forms provided by Texas Ethics Commission www.ethics.state.tx.Version V3.5.1.3ac88bc0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-970091 Lockwood, Andrews & Newnam, Inc. Houston, TX United States Date Filed: 01/09/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 01/25/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17088 Engineering Services for 82nd Street & MILK Jr Blvd Reconstruction Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Daly, III, Leo A. Washington, DC United States X Benes, Edward G. Houston, TX United States X Swafford, C. Wayne Houston, TX United States X Brader, James B. Omaha, NE United States X Gilbreath, Stephen A. Houston, TX United States X Curry, W. Derrell Houston, TX United States X Vajdani, Sima Los Angeles, CA United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0