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HomeMy WebLinkAboutResolution - 2023-R0060 - Contract 17087 with HDR Engineering - Milwaukee from 4th St. to city limitsResolution No. 2023-R0060 Item No. 5.13 February 14, 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 and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17087 professional services for the reconstruction of Milwaukee Avenue from 4th Street to the C limits, by and between the City of Lubbock and HDR Engineering, Inc., a Nebraska corporati duly licensed in the State of Texas and related documents. Said Contract is attached hereto a incorporated in this resolution as if fully set forth herein and shall be included in the minutes the City Council. Passed by the City Council on February 14, 2023 ATTEST: Rebec a Garza, City SecretkrJy APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: &'& hzeiL-(� elli Leisure, Assistant City Attorney ccdocs/RES.PSA-No. 17087 - HDR Milwaukee 41 to City limits 01.19.23 Resolution No. 2023-R0060 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17087 is entered into this l�hday of February , 2023, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and HDR Engineering, Inc., (the" Engineer"), a Nebraska corporation duly licensed in the State of Texas. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for the reconstruction of Milwaukee Ave. from 4 h Street to the city limits, (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 tern of this Agreement commences on the Effective Date and continues without interruption for a term of 12 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 $1,403,292.00, 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. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 11 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 regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 11 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: 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. 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 Page 4 of 11 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 A, 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 carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer 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 5 of 11 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 REASONABLE ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND./OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: HDR Engineering, Inc. J.M. Gonzalez, P.E. 613 NW Loop 410 San Antonio, Texas 78216 Telephone: 210-841-2904 Email: i.m.gonzalez6dhdrinc.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: 806-775-3254 Email: jdean@MyLubbock.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, and the Engineer is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. Page 7 of 11 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. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. Page 8 of 11 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 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 Page 9 of 11 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: Rebec a Garza, City Secre APPROVED AS TO CONTENT: Mic el G. eenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: I K - elli Leisure, Assistant City Attorney Firm HDR Engineering, Inc. /J By: �ULS t —in Word, P.E. Vice President Page 11 of 11 Exhibit A Milwaukee Ave. Reconstruction Scope of Services Background The project consists of the reconstruction of Milwaukee Ave. from the 4th St. to the city limits. The existing roadway is approximately 26-feet wide and consists of one lane in each direction. The City has requested that the roadway be designed as a 5-lane roadway consisting of two lanes in each direction, a two-way left turn lane, applicable left turn lanes, curb and gutter, sidewalks, shared -use path, driveways, medians (as needed), and necessary improvements. Roadway shall be designed in accordance with the City of Lubbock design guidelines. Project Scope of Work The project's purpose is to upgrade the rural 2-lane section of Milwaukee Ave. to an urban 5- lane section from 41h St. to the city limits. The City of Lubbock has contracted with HDR Engineering, Inc. (HDR) for professional services in accomplishing the project purpose. Task 1: Project Management and General Items HDR will perform coordination and management of the project, HDR staff and consultants, project initiation, preparing and maintaining a schedule, invoicing, and coordination with the City. HDR will communicate through a single point of contact which is the designated HDR Project Manager (PM). HDR will provide the City with monthly invoices in accordance with the scope for the duration of the project. HDR will administer the scope of work, communicate with the project team, and manage the project to completion within the schedule and budget established and at the level of quality expected by the City of Lubbock. Project related meetings and correspondences will be via email, phone calls, in person meetings, and virtual platforms. Task 1 Assumptions: 1. Two (2) HDR staff will attend a maximum of five (5) meetings in person (kickoff meeting (1), three (3) project milestone meetings, and one (1) pre -bid meeting). 2. HDR will provide draft meeting minutes to the City within two (2) working days following each meeting for approval and distribution. Task 1 Deliverables: 1. Submit monthly progress reports and invoices to the City via email. 2. One (1) digital copy of each meeting minutes in pdf format to the City via email. City of Lubbock I Milwaukee Ave. Reconstruction Scope of Services Task 2: Data Collection HDR will gather available digital data which can be downloaded from online via local, state, and federal agencies. Utility Block Maps will be gathered from local utilities within the project area. HDR will perform field reconnaissance to gather project photos, field measurements, and general area knowledge when additional information is deemed necessary by HDR after the initial review of the acquired digital data. Task 2 Assumptions: 1. Project data including but not limited to as -built drawings, the City field visit records, records and other previous project analysis will be provided by the City of Lubbock. 2. A maximum of two (2) HDR staff will perform up to two (2) field visits. 3. Field measurements will be limited to existing drainage infrastructure, typical road sections (average width and curb height), and drainage pattern verification. Task 2 Deliverables: 1. One (1) digital copy of gathered documents in PDF format 2. One (1) digital copy of notes in PDF format. Task 3: Design Phase Services HDR will prepare plans for Schematic, 60%, 95%, and 100% design phase. Plans shall be prepared using Microstation V8i and Inroads or Geopak civil software. Roadway shall be designed in accordance with City of Lubbock design guidelines and design criteria. Task 3.1 — Schematic Design Phase HDR will develop a schematic layout showing the proposed improvements for Milwaukee Ave. The purpose of this design phase is to establish a footprint of the proposed improvements and identify the affected ROW. Layout shall include, but not limited to: typical section, roadway alignment, travel lanes, turn lanes, lane transitions, bicycle lanes, shared use path, sidewalks, illumination, signal locations, and ROW. HDR will complete a Preliminary Drainage Analysis of the proposed improvements for Milwaukee Ave. in accordance with the City of Lubbock Drainage Criteria Manual. The purpose of this analysis is to evaluate potential adverse impacts caused by the proposed schematic area on downstream existing infrastructure along Milwaukee Ave. and outside the ROW and identify mitigation measures, if required. Task 3.1 Deliverables: 1. One (1) digital copy of schematic layout in PDF format 2. Two (2) hard copies of schematic layout in bond 3. One (1) digital copy of proposed cost estimate 2 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services Task 3.2 - Design Phase HDR will develop plans, specifications, and estimates for the milestones — 60%, 95%, and 100%. Each milestone will progress in detail from the previous developed design phase. Plans shall consist of the following scope of work: • Develop title sheet for the project plan set. • Develop an index of sheets. • Develop general notes. • Develop quantity summary sheets. • Driveway detail sheets - One overall detail sheet will be provided for the roadway segment. This will include an identification number for each driveway, existing slope, and proposed slope. Driveway penetrations exhibits will be prepared by HDR, but property owner agreements will be obtained by the City, if necessary. • Prepare horizontal alignment data sheets. • Develop project layout sheet — Layout sheet will provide limits of the proposed scope of work. • Signed survey control sheets • Prepare miscellaneous construction details. • Develop typical sections — The existing sections will indicate the pavement section as best determined by the geotechnical investigation, ROW dimensions, travel lanes, bike lanes, and sidewalks. The proposed sections will depict the proposed pavement section and roadway cross sectional dimensions including: lanes, border, sidewalks, shared use path, curb offsets, and ROW. • Develop Traffic Control Plans. • Develop Removal plan sheets. These sheets will depict the area and items to be removed by the contractor. • Develop Plan and Profile Sheets. These sheets will depict the proposed design elements to include, but not limited to: curbs, sidewalks, medians, shared use path, retaining walls, stations, offsets, elevations, and grading for the proposed roadway. Medians along corridor will be considered for access management. • Develop Intersection layout sheets to provide grading information at the following intersections: 0 41' St. @ Milwaukee Ave. o Erskine St. @ Milwaukee Ave. 0 3rd St. @ Milwaukee Ave. 0 2nd St. @ Milwaukee Ave. 0 1st St. @ Milwaukee Ave. o Auburn St. @ Milwaukee Ave. o Hanover St. @ Milwaukee Ave. o Kemper St. @ Milwaukee Ave. o Itasca St. @ Milwaukee Ave. o Marshall St. @ Milwaukee Ave. 3 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services • Develop a SW3P narrative for the project. This does not include a SW3P Permits or TCEQ notification. • Develop Erosion control plan sheets. These sheets will be provided to identify the location of BMP's within the project limits. • Develop drainage area maps for existing and proposed improvements. • Develop internal drainage maps for internal drainage system. • Develop plan & profile sheets for proposed ditches • Develop hydrologic and hydraulic data sheets for existing and proposed systems. • Develop Cross Sections every 50 feet along the stationing. The cross section will extend from right of way to right of way and will show existing surface, proposed surface, curbs, retaining walls (where needed), and pavement section. • Develop opinion of probable construction cost • Develop Critical Path Method (CPM) construction schedule • Perform a Quality Assurance/Quality Control (QA/QC) review prior to each submittal to the City. • Address City comments after each submittal. • Submit plans for TDLR review prior to letting and after construction substantial completion. Task 3.2 Deliverables: 1. One (1) digital copy of plans in PDF format at each milestone 2. Three (3) hard copies of plans (11 x 17 bond) at each milestone 3. One (1) digital copy of proposed cost estimate at each milestone 4. Develop specifications and project manual at 95% and 100% milestone 5. One (1) digital copy of CPM schedule Task 3.3 - Drainage Design Concepts and Model Reviews (Subconsultant — Hugo Reed) Hugo Reed will serve as a technical advisor and provide drainage QA/QC of design and models. • Initial drainage concept review and evaluation • Research previous studies and reports • Plan review (2 submittals) • Model QA/QC (2 reviews) • Internal drainage coordination meetings (4 meetings) Task 3 Assumptions: HDR has assumed that the following items are not included in the base scope of services: 1. Temporary signal design 2. Permanent traffic signal design at Milwaukee Ave. and 4th St. 3. Construction Phase Services 4. Environmental Permitting 5. Plat Surveys 4 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services Task 4 — Illumination Design HDR will provide illumination design associated with the reconstruction of Milwaukee Ave. The illumination design will include the following: • Google Earth survey of the existing illumination (continuous and safety), associated electrical services, utility electric service drops, utility electric primary routing, and illumination aboveground/underground infrastructure. • Removal of all existing illumination (continuous and safety), associated electrical services, and illumination aboveground/underground infrastructure in conflict with the Milwaukee Ave. reconstruction. • Provide new safety illumination, associated electrical services, and illumination underground infrastructure for all intersections. • Provide new continuous illumination, associated electrical services, and underground illumination infrastructure services for all continuous illumination. • Utilize the minimal number of electrical services locations for the safety and continuous illumination. • Project Task List o Data Collection ■ Utility power company(s) contact(s) ■ Existing utility(s) overhead and underground routing information ■ Existing illumination electrical services information (voltage, service size, connected loads, spares, etc.) ■ Available voltage for new illumination electrical services ■ As -Builds of existing continuous, safety, and intersection Illumination along Milwaukee Ave. ■ Google Earth survey of the existing illumination (continuous and safety), associated electrical services, utility electric service drops, utility electric primary routing, and illumination aboveground/underground infrastructure. ■ HDR will attend two review meetings o Illumination Design ■ Utility power company coordination ■ Photometric analysis (Project Limits) ■ Overcurrent protection of electric services and branch circuits ■ Voltage drop analysis for electrical services and branch circuits ■ Electrical service load analysis and schematics ■ NEC and TxDOT compliance ■ Illumination Removal Plans ■ Illumination Summary & Plans ■ Illumination mounting details (if applicable) o Electrical for Illumination System 5 City of Lubbock I Milwaukee Ave. Reconstruction Scope of Services Utility Power Coordination - Contact the utility power company(s) for existing available voltage, service size, connected loads, and locations of existing illumination electrical services. - Coordinate the voltage, service size, connected loads, and locations of the new illumination electrical services. Photometric Analysis - Conduct photometric analysis (project limits) for safety, intersection, and continuous illumination foot-candle compliance. - Photometric analysis will be utilized to determine the illumination assembly selection type, distribution, mounting height, and spacing for safety, intersection, and continuous illumination. ■ Overcurrent Protection - Conduct overcurrent protection analysis for determining electrical service and branch circuit breaker sizes. ■ Voltage Drop - Conduct voltage drop analysis for determining electrical service feeders, branch circuit conductors, and conduit sizes. ■ Electrical Service Load Analysis and Schematics - Conduct load analysis for all illumination electrical services to determine the electrical service sizes. - Develop schematics for all illumination electrical services. ■ NEC and TxDOT Compliance - Design illumination utilizing the most current TxDOT Highway Illumination Manual, City of Lubbock Standards, and applicable National Electric Code (NEC). ■ Illumination Removal Plans Develop illumination plans for removal of all existing illumination (continuous and safety), associated electrical services, and illumination aboveground/underground infrastructure in conflict with the Milwaukee Ave. reconstruction. ■ Illumination Summary & Plans - Develop illumination plans for safety illumination, intersection safety illumination, and continuous illumination. - Develop Illumination Summary for all illumination quantities ■ Illumination Details - Develop illumination details for any custom mounting not covered by the TxDOT Standards or City of Lubbock Standards. Task 4 Assumptions: HDR has assumed the following: 1. All illumination drawing files will be produced in 2D utilizing Microstation. 2. Visual 2020 Lighting Software will be utilized for the photometric analysis. City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services 3. Utility Power Company to provide power source voltage availability for existing / new illumination electrical services and existing overhead and/or underground power source 4. If budget does not allow for illumination installation, improvements will be planned and incorporated as a bid additive. Task 4 Exclusions: The Scope of Services does not include the following: 1. Revising or adding new electrical loads to any existing illumination electrical services within project limits. 2. Removal of existing utility company pole mounted illumination heads and arms controlled and owned by the utility power company. 3. Final Coordination Study. 4. Arc Flash Analysis. 5. Additional construction phase services such as change orders, weekly progress meetings, and estimate reviews. Task 4 Deliverables: 1. One (1) digital copy of plans in PDF format at 60%, 95%, and 100% milestone 2. Three (3) hard copies of plans (11 x 17 bond) at 60%, 95%, and 100% milestone Task 5 — Utility Coordination HDR will provide Utility Coordination and Engineering services on this project. The following 14 utility owners have been identified and listed below: • Agritex — Gas • City of Lubbock Traffic Engineering — Traffic Lights • Atmos Energy — Gas • Mark West Powertech — Gas • City of Lubbock — Gas • City of Lubbock —Electric • City of Lubbock —Sewer-Wastewater • City of Lubbock —Water • Dexus — Communication (Phone and Fiber) • Sudden Link West Texas — Communications (Fiber and Cable) • South Plains Electric Co-op — Electric • AT&T — Communication • West Texas — Gas • Excel Energy — Gas and Electric Task 5.1 — SUE C/D Subsurface Utility Engineering Quality Level C/D: 7 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services • Quality Level D: Utilities are plotted from review of available existing utility records collected. • Quality Level C: Surveyed surface -visible features are correlated with QL-D information from existing records to develop existing utility alignments. Task 5.2 - Utility Coordination • Coordination with Project Team, Preparation and Delivery of Utility Status Reports • Determine Utility Point of Contacts, create Contact List, send out formal Notification Letters communicating project timeline and expected utility relocations timeframe. • Create and maintain Utility Communication Log tracking correspondence with utility companies. • Coordinate and Conduct Utility Project Kick-off Meeting (includes invites, preparation, agenda, and meeting minutes) (Assume 1 virtual meeting maximum) • Coordinate and Conduct individual utility coordination meetings (incl meeting minutes) (Assume-+ 3 joint virtual meetings per utility- maximum of 42 meetings) • Identify Utilities with Compensable Rights -Coordinator will investigate prior right claims by utilities submitting such claims, Coordinator will request appropriate documentation from utilities to validate prior rights and property interests • Coordination with SUE providers for QL-A Test Hole Work Plan • Review all confirmed utility conflicts with each utility company and determine best mitigation of each. • Obtain Clearance Letters for City for Utilities not in conflict. • Coordinate with each utility company to determine design time, long -lead material time, moratorium periods, bidding/ award time, construction timeframe and removal/ proper abandonment • Provide Final Contacts List, Coordination Tracking Log with Key Coordination and Meeting Minutes documented • Coordination of Utility Permitting • Coordination of Utility Construction Scheduling, Progress, adjustments with client and Utility Owners Task 5.3 — Utility Engineering • Preparation of Existing Utility Layout (includes survey, records research, proposed roadway, all proposed features, aerial background and preferred options with all utilities getting assigned a distinct line style for ease of visual identity (Excludes ASCE 38-02 QL-B and QL-A to be provided by subconsultant)), and QC. Layout is defined as a plotter Roll Plot (typical 36" x 52" Layout) • Identify utility conflicts with proposed improvements and constructability of improvements with labeling corresponding numerical ID. • Display potential utility conflicts on Utility Layout. • Create and maintain Utility Conflict Matrix identifying each Conflict ID. • Calculate conflict confirmation/ clearance with pavement/ drainage/ all improvement design information 0 City of Lubbock I Milwaukee Ave. Reconstruction Scope of Services • Develop SUE QL-A Test Holes Work Plan for SUE provider at key needed Test Hole locations • Provide Calculation Binder showing evidence of all information used to confirm/ clear each conflict. • Provide formal QC of Utility Layout, Conflict Matrix utilizing Calculation Binder. • Upon confirmation of all conflicts, provide technical support to work with utility companies and design team(s) to obtain best solution to resolve each conflict - Design Modifications, or Protect in Place or Relocate facility. • Provide technical support for interpretation of Utility: standards, timelines, material descriptions, labor quantities, symbols, terms/ slang, and prior rights validation • Provide conceptual proposed alignments for all required facilities needing relocation • Assist utility companies in the relocation design by providing interim over -the -shoulder reviews and comment sessions on their relocation design plans. Includes comments and review of relocation plans (Compatibility with road/ drainage improvements, Compliance to Design Criteria Manual, Utility Accommodations Rules and/ or applicable Regulations, Constructability, Schedule/ sequencing for Installations, Cutovers and customer outages, removal/ abandonment of old facilities) Prepare Proposed Utility layout Deliver a finalized Utility Layout, Conflict Matrix and Evidence Binder Task 5 Assumptions: HDR has assumed the following: 1. This scope does not include 11x17 plan sets of project utility sheets. 2. Conflict analysis is scoped to be performed once, substantial project changes requiring significant re -analysis of conflicts and SUE needs as an additional effort is not included in this scope 3. This scope does not include Utility Relocation Design services such as water and wastewater relocation designs. 4. The level of effort is based upon surface drainage improvements only, does not include significant underground drainage structure installations 5. This scope does not include field construction inspection services such as Utility Construction Monitoring, Scheduling or Verification Task 6 — Subsurface Utility Engineering — SUE A/B (Subconsultant — Cobb Fendley) This proposal involves designating up to 8,000 LF per utility of toneable utilities along Milwaukee Ave., surveying overhead lines that cross the roadway, and providing up to 30 test holes as requested. Consultant will use record information provided City and franchise utilities to help identify all known utilities. In addition, attempt to obtain information from site personnel. �'7 City of Lubbock I Milwaukee Ave. Reconstruction Scope of Services Task 6.1 — Level B The scope of work involves designating known utilities by conventional geophysical means crossing the proposed geotechnical locations within the project areas. Utilities that will be marked include franchise and site utilities. Consultant will mark the location of the designated lines in the field using a combination of paint and pin flags. Upon completion of the field designating activities, Consultant will prepare a field sketch of the utilities found. The field sketch will be developed by using survey data. These will be overlaid upon a base map. The field sketch will be used to determine any conflict with proposed bore locations. Once all known utilities are designated, Consultant will scan the defined work area(s) to search for unknown utilities. These "unknowns" can be defined as: utilities not shown on available utility record drawings, not known or recollected by site personnel, and have no above ground features in close proximity to the project area. In order to find unknown utilities, Consultant will perform passive and inductive sweeps of the area. These sweeps will be conducted north to south, east to west and diagonally across the project area(s). Task 6.2 — Level A Consultant will vacuum excavate up to 30 test holes as requested. If required, additional Test Holes will be completed at additional costs. These areas are assumed to be easily accessible with VacMasters System 4000 vacuum excavation trucks. Consultant will contact One Call prior to beginning work and will attempt to designate each line prior to completing a test hole. If the line is non toneable, Consultant will dig on the One Call marks. Consultant will open width of test hole 1' of each side of the center line of the One Call marks attempting to expose the utility. If no utility is found this will be considered a dry hole and counted as a completed test hole. If rock or "dirty backflll" is encountered Consultant will determine if the test hole should be relocated or abandoned. Task 6 Assumptions: 1. All locations are accessible. 2. Each location will be investigated using both direct and passive geophysical methods to include pipe and cable locators. 3. Geophysical search and records research does not guaranty all utilities will be found. Residential services and irrigation/sprinkler systems are not included in this investigation. Limits of any thrust blocking are also excluded. Non-conductive material utilities, i.e. PVC waterlines may require advanced geophysical methods to designate and are not included in this proposal. Consultant's Responsibilities 1. Designate utilities within project limits 2. Scan for unknown utilities 3. Provide a field sketch for use by survey 4. Prepare SUE plan sheets — CADD in Microstation 5. Vacuum excavate up to 30 test holes 10 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services 6. Provide test hole locations City Responsibilities 1. Provide any available records information 2. Help coordinate access, if necessary Task 7 — Real Estate Services HDR will provide Right of Way Services for the Milwaukee Ave. Project. The general scope of work will include: • Project Administration Services • Title and Closing Services • Right of Entry Services • Property Description Survey Services • Appraisal and Updated Appraisal Services • Appraisal Review Services • Negotiations Services for Initial Offers • Negotiation Services for Final Offers • Document Control Services and File Management Services • Relocation Services — Excluded from Scope of work • Condemnation Support Services (Pre -Hearing) — Excluded from Scope of work • Condemnation Support Services (Post Hearing) — Excluded from Scope of work Task 7.1 - Project Administration Services Communication; HDR will: • Attend status call meetings • Maintain current status reports of all parcel and project activities and provide weekly status reports to City Staff. • Provide schedule of all areas of work indicating anticipated start and end dates. • Prepare initial property owner list with property owner contact information. Task 7.2 - Title and Closing Services (Assumes 3 parcels) • Secure preliminary title reports for each parcel and title report updates as needed. • Prepare analysis of preliminary title report, as needed, to determine potential title problems and propose methods to cure title deficiencies. • HDR will provide title curative services necessary to provide clear title to the City. • HDR will coordinate with the Title Company to obtain an updated title commitment along with other forms required to close parcels with clear title. • HDR will assist the Title Company, as requested, to provide closing services. Task 7.3 - Right of Entry Services (Assumes 3 Right of Entrys) • Prepare Right of Entries. 11 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services Request Right of Entries from property owners for property surveys, environmental surveys, Environmental Site Assessments (ESA), cultural resource surveys, and geotechnical investigations, as applicable. Task 7.4 — Property Description Survey Services (Assumes 3 Surveys) • Provide executed Right of Entry from property owner to the Surveyor. • Provide copy of preliminary title reports to the Surveyor. • Coordinate with the Surveyor and property owner for entry into the property for purposes of performing land title surveys. • Provide review of surveys Task 7.5 - Appraisal and Updated Appraisal Services (Assumes 3 Appraisal Reports) • Appraiser(s) shall provide advance notice of the date and time of their appraisal inspections of the subject property to the HDR's Project Manager in order to coordinate the appraiser's inspection with (if applicable and practical) the initial interview with the property owner by the Negotiation Agent and if applicable the Displacee by the Relocation Agent. • Prepare and conduct personal pre -appraisal contact with interest owner(s) for each parcel. • Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser's inspection of subject property. Maintain record of contact in file. • For the appraisal assignment and on behalf of City coordinate preparation of appraisal report for each parcel to be acquired utilizing City approved form. These reports shall conform to the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation as promulgated by the Appraisal Foundation. • All completed appraisals and updated appraisals will be approved by City staff. • City Staff coordinates with HDR's review appraiser (if applicable) regarding revisions, comments, or additional information that may be required. HDR's review appraiser will then coordinate with the appraiser. • Appraiser will coordinate with the review appraiser regarding revisions, comments, or additional information that may be required. Task 7.6 - Appraisal Review Services (Assumes 3 Parcels) • Review Appraiser must be approved by City. • Review all appraisal reports acquired utilizing City approved form for each parcel to determine consistency of values, supporting documentation related to the conclusion reached, compliance with the Uniform Standards of Professional Appraisal Practices as promulgated by the Appraisal Foundation. Prepare and submit to City the appraisal review for each Appraisal to be approved by City. 12 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services Task 7.7 - Negotiation Services for Initial Offers (Assumes 3 Parcels) • Analyze appraisal and appraisal review reports and confirm City's approved value prior to making the Initial Offer for each parcel. • Prepare the initial offer letter, Texas Landowner Bill of Rights, purchase contract, appraisal or market study, and instruments of conveyance approved by City. • The written initial offer must be sent to each property owner or the property owner's designated representative through Certified Mail -Return Receipt Requested (CMRRR). Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Retain copies of signed and unsigned CMRRR receipts. • Respond to property owner inquiries verbally and in writing within five (5) business days. • Prepare a negotiator contact report for each parcel, on City approved form. • All original documents generated or received by HDR must be delivered to City. Copies or working file documents may be kept by HDR. Maintain parcel files related to the purchase of the real property or property interests. • Advise property owner of the counteroffer process. Transmit City Staff any written counteroffer from property owners including supporting documentation, and HDR's recommendation with regard to the counteroffer. Task 7.8 - Negotiation Services for Final Offers (Assumes 3 Parcels) • Prepare the Final Offer letter, purchase contract, appraisal and instruments of conveyance approved by City. • The written Final Offer and appraisal report must be sent to each property owner or the property owner's designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Retain copies of signed and unsigned CMRRR receipts. • Respond to property owner inquiries verbally and in writing within five (5) business days. • Prepare a negotiator contact report for each parcel, on City approved form. • All original documents generated or received by HDR must be delivered to City. Copies or working file documents may be kept by HDR. Maintain parcel files related to the purchase of the real property or property interests. • Advise property owner of the counteroffer process. Transmit City Staff any written counteroffer from property owners including supporting documentation, and HDR's recommendation with regard to the counteroffer. Task 7 Assumptions: HDR has assumed the following: 1. Negotiations of 3 parcels (1 intro letter, 1 initial, and 1 final offer) 2. 10 months schedule 3. 20 status meetings with client 4. Prepare and submit 40 status reports 5. Fee does not include condemnation support services 6. Fee does not include relocation services 13 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services 7. Fee does not include title reports, title policies, and closing costs Citv's Responsibilities: 1. Provide Introduction letter to property owners introducing HDR as their Real Estate Provider. 2. Provide instruments of conveyance, and any other documents required or requested by the City. 3. Provide approval of donations. 4. Provide timely reviews and approval, as applicable, of all documentation submitted to maintain project schedule. Timely decision -making and approval functions associated with acquisition, relocation, administration settlements, mediations, and hearings. 5. Assist, as necessary, in order to obtain the required data and information from other local, regional, State and Federal agencies. 6. Payment of property purchase costs inclusive of land acquisition costs, closing costs, title curative costs, Title Policies, Title research, recording and filing fees, and relocation assistance costs. 7. Furnish personnel to coordinate all aspects of work. Task 8 — Survey (Subconsultant — Hugo Reed) Task 8.1 — Establish Project Control • Establish horizontal and vertical control for this project using available City of Lubbock control information. • Set minimum of three (3) permanent control monuments per mile. • Establish horizontal control (NAD83) and vertical control (NAVD88) for monuments using digital level and City of Lubbock control. • Prepare a signed/sealed survey control sheet in digital format. Task 8.2 —Right-of-Way Survey Locate properties and establish existing Right -of -Way • Data Collection and Property Research o Gather existing plat information o Collect property owner and record information o Gather existing right-of-way and easement information Locate section corners to establish alignments Prepare ROW Base Map in digital format to include the following information: o Location of existing Right -of -Way o Current recording information o Adjacent owners name and address (if assigned) o Available existing platted easements or easements filed by separate instrument including easements provided by utility companies 14 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services Task 8.3 —Design Survey • Detailed topographic and improvement survey along Milwaukee Ave. thoroughfare from 1,000-feet South of 4th St. to 1,000-feet North of the City Limits. When appropriate permissions have been secured the surveyed areas will include 20-feet outside existing Right -of -Way and where applicable proposed Right -of -Way. • Detailed topographic and improvement survey of the intersections of 4th Street and Milwaukee Avenue (1,000-feet South, East and West). • Detailed survey of intersecting arterial roadways 300-feet north or south of Milwaukee Ave. centerline. • Detailed survey of adjacent cul-de-sacs and connecting drainage channel improvements (if any). • Perform a topographic and improvement survey to identify and locate existing topographic elements within the project corridor shown in Exhibit A, including the following: o Topographic cross -sections throughout project limits at 50-foot intervals, at cross streets, driveways, grade breaks, and at additional locations as required o Sanitary sewer inverts within the project limits o Existing striping within project limits o Inverts for any drainage structures within project limits o Existing pavement, curbs, sidewalks, barrier free ramps, etc. o Visible utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities o Signs (excluding temporary signs) o Trees with caliper greater than 6 inches o Buildings and permanent structures o Fence limits and material types (excluding temporary fences) o Other applicable physical features that could impact design Incorporate existing downstream elevations at 3 Shadow Hills Golf Course drainage swales South of Erskine Task 8.4 —Develop Digital Support files and 3D Terrain Model • Prepare the following digital format drawings: o Survey drawing showing improvement features located in the design survey o Survey points drawing showing survey point locations o Right -of -Way drawing showing the location of existing real property boundaries • Prepare a final 3D topographic drawing in digital format (including 3D points, break lines and contours as well as a tin file) showing the features located in the design survey and an ASCII coordinate file of the points located in the field with feature descriptions. Task 8.5 — Develop Parcel Exhibits for Right -of -Way Acquisition • Prepare parcel exhibits suitable for inclusion in Right -of -Way documents (3 parcels anticipated) • Individual parcel exhibits shall be on 8'/z"x11" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: o Parcel number o Area required 15 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services o Legal description o Current owner o Easements locatable in the public record. o All physical features o Metes and bounds description of parcel to be acquired. Additional Services: 1. Right of Entry services (permission to survey outside the existing ROW is not the responsibility of consultant and could cause delay of efforts) 2. Right of Way acquisition services 3. Subsurface Utility Engineering 4. Utility staking 5. Construction staking 6. Resurvey to reflect changes in ownership since original survey 7. Resurvey to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City acceptance of substitutions proposed by the contractor. Task 9 — Public Involvement HDR will public involvement support to facilitate communications to stakeholders and the public regarding the reconstruction of Milwaukee Ave. from 4th St. to the City Limits from the existing 2- lane to a proposed 5-lane urban section with shared use path. The consultant will plan and facilitate one virtual community engagement event before construction begins to share information about the project, inform the public of the project benefits and what to expect during construction. The Consultant will work with the City of Lubbock to define messaging and key talking points during the public engagement event and will develop materials to convey details and specifications of the project. Materials will include a fact sheet, exhibits depicting the project and cross-section in a clear format the public can understand as well as a presentation to present timeline of the construction and benefits of the project. The consultant will also work with the City of Lubbock to develop a mechanism for the community to sign up for alerts and updates throughout the duration of the project. Task 10 — Geotechnical Engineering Task 10.1 — Field Investigation (Subconsultant — Terracon) Consultant will have eight 15-ft deep borings drilled within or adjacent to Milwaukee Ave. North of 41 St. Soil samples will generally be obtained at about 2.5-ft intervals to the 10-ft depth and at 5-ft intervals thereafter, in general accordance with applicable ASTM standards. Two bulk samples of the soils in the upper 4 feet will also be obtained from auger cuttings. Borings will be backfilled with soil cuttings and/or bentonite pellets and capped off with a similar pavement material to the existing pavement, if drilled through the pavement. Traffic control during drilling 'rL:1 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services will be provided by a traffic control company subcontracted under Terracon and be in accordance with the Manual on Uniform Traffic Control Devices (flagmen, traffic signs and cones), if required. Task 10.2 — Laboratory Tests (Subconsultant — Terracon) Laboratory tests will be conducted to determine the pertinent engineering and index properties of the soils encountered. Tests will include Atterberg limits, partial gradation analyses and natural moisture content measurements conducted in general accordance with the applicable ASTM standards. In addition, two California Bearing Ratio tests (ASTM D1883), including two moisture density relationship tests, will be performed on remolded samples from the bulk samples obtained to evaluate the subgrade strength. Soluble sulfate content tests will be performed to evaluate the potential for sulfate -induced heave if lime treatment is used. PI and pH lime series tests will be performed to determine the required amount of lime to treat the soil, if required. Task 10.3 — Engineering Engineering analyses of the results of the field and laboratory data will be made to develop flexible and rigid pavement thickness design and construction recommendations. Pavement design will be in accordance with the current TxDOT Pavement Manual or the 1993 AASHTO Design Guide. The subgrade strength for analyses will be estimated from correlations with strength and classification test results. The recommendations will be presented in an engineering report along with supporting field and laboratory data. The report will include the following: • General subsurface conditions, including boring logs with descriptions of strata, summary of laboratory test results, and water levels obtained at the time of drilling. • Boring location plan. • Flexible and rigid pavement thickness design recommendations. • Recommendations for earthwork including subgrade preparation. • Discussions regarding methods to help mitigate the effects of the highly expansive clay soils, if encountered. Task 10 Assumptions: 1. Design 18-kip Equivalent Single Axle Loads for 20-year and 30-year design life will be provided by the City of Lubbock for both flexible and Rigid pavement. 2. Construction materials testing during construction is not included in HDR's scope of services Task 11 — Bid Phase Services HDR will support the City during the Bid Phase of the project. The general scope performed will consist of: • Distribution plans and specifications to contractors and plan rooms • Attend pre -bid meeting — Virtual Meeting 17 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services • Respond to contractor questions (8 RFls) • Prepare and distribute addenda Project Schedule The proposed timeline for completion of the major tasks of the Scope of Work is as follows: Task 1 Description Project Management and General Items Schedule (Months) 10 2 Data Collection 1 3 Design Phase Services Schematic 2 60% Design Phase 3 95% Design Phase 2 100% Design Phase 1 4 Illumination Design 5 5 Utility Coordination 9 6 Subsurface Utility Engineering (Cobb Fendle 2 7 Real Estate Services 12 8 Survey (Hugo Reed 1.5 9 Public Involvement 1 10 Geotechnical Engineering Geotech Drilling & Lab erracon 1 Geotechnical Engineering 2 11 Bid Phase Services 2 Durations are estimated from Task NTP. 18 City of Lubbock I Milwaukee Ave. Reconstruction Scope of Services Exhibit B Milwaukee Ave. Reconstruction Budget CITY and ENGINEER have established a not -to -exceed fee of $1,403,292 to complete services under this Contract, as shown below by major task. This amount will not be exceeded without a contract amendment. As estimated fees for each task are estimates only, CITY and ENGINEER agree to allow redistribution of funds between tasks as appropriate to allow flexibility in providing the needed services within the total not -to -exceed fee. HDR fees will be billed as a raw salary costs times a multiplier of 3.048 plus direct expenses. Subconsultant support services will be billed as a lump sum. ENGINEER agrees to complete these services as delineated above. Should a change in Scope of Services or Time of Performance be necessary, an amendment to this contract shall be negotiated at that time. The following table summarizes the fee estimated to be required to complete the above scope of services. DescriptionTask 1I Project Management and General Items Data Collection -Design Phase Services Schematic 60% Design 95% Design 100% Design Drain22e Design Concepts and Model Reviews (Hugo Reed 1 $ $ $ $ $ $ $ ... 94,160 31,978 104,530 358,835 218,464 66,494 4,000 2 3 4 _ _ Illumination Design $ 90,161 5 Utility Coordination $ 98,520 6 Subsurface Utility Engineering — SUE A/B Cobb Fendle $ 72,750 7 Real Estate Services $ 58,666 8 E Survey (Hugo Reed $ 112,000 9 Public Involvement $ 8,813 10 Geotechnical En ineerin Geotechnical Drilling & Lab Testing Terracon $ 15,725 Geotechnical Engineering $ 17,784 11 1 Bid Phase Services $ 12,180 SubTotal $ 1.365 059 19 City of Lubbock I Milwaukee Ave. Reconstruction ��� Scope of Services ExpensesMINNEEKS Description e: Postage BudgetDirect I $ $ 3,994 290 Hotel 1 $ 2,470 Printing $ $ 1,666 2,200 Airfare Rental Car $ 685 Meals $ , 428:__ ._ Certified Letter $ 80 TDLR Review SubTotal $ $ — Il,500 14,313 Description Budget Des' n Fee $ 1,365,059 Direct Expenses $ 14,313 SUE Services C/D $ 7,920 RES Appraisals $ 16,000 TOTAL $ 1,403.292 KI7 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. 2023-974511 HDR Engineering, Inc. Austin, TX United States Date Filed: 01/23/2023 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. 17087 Professional Services for the reconstruction of Milwaukee Ave. from 4th St. to the city limits 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Keen, Eric Omaha, NE United States X Meysenburg, Galen Omaha, NE United States X LeCureux, David Omaha, NE United States X McLaughlin, Thomas White Plains, NY United States X Henderson, John Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mark D. Borenstein and my date of birth is My address is 710 Hesters Crossing, Suite 150 Round Rock , TX , 78681 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Williamson County, State of Texas on the 23rd day of January 2023 (month) (year) I� �J 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 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. 2023-974511 HDR Engineering, Inc. Austin, TX United States Date Filed: 01/23/2023 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 01/23/2023 g 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. 17087 Professional Services for the reconstruction of Milwaukee Ave. from 4th St. to the city limits 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary HDR, Inc. Omaha, NE United States X Keen, Eric Omaha, NE United States X Meysenburg, Galen Omaha, NE United States X LeCureux, David Omaha, NE United States X McLaughlin, Thomas White Plains, NY United States X Henderson, John Omaha, NE United States X 5 Check only if there is NO Interested Parry. 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) Fnrms nrnvirieri by Taxas Fthirs rnmmissinn www.ethics_state.tx.us Version V3.5.1.3ac88bc0