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HomeMy WebLinkAboutResolution - 2023-R0519 - PSA Contract 17625, Freese And Nichols, Inc - 10/24/2023Resolution No. 2023-R0519 Item No. 5.13 October 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 and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17625 engineering design services for Upland Avenue from 50�" Street to 66�' Street, by and between City of Lubbock and Freese and Nichols, Inc., and related documents. Said Contract is attac: hereto and incorporated in this resolution as if fully set forth herein and shall be included in minutes of the City Council. Passed by the City Council on October 24, 2023 � �� TRAY PAYN �, AYOR �� AT"TEST: Courtney Paz, City ary APPROVED AS TO CONTLNT: �/�'► '�i►� Erik Rej' o, Assistant Ci anager APPROVED AS TO FORM: � elli Leisure, Senior Assistant City Attorney ccdocslRES.PSA-No. 17625 — PNI Upland Design 55'�' to 66'n 10.04.23 Resolution No. 2023-R0519 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("AgreemenY') Contract No. 17625 is entered into this 24th day of October , 2023, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Freese and Nichols, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide engineering design services for Upland Avenue from 50'�' Street to 66'" Street, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 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 $1,208,443, 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 u� 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, eyuity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages andlor injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part Page 2 of 11 of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer wanants 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 Agreetnent andlor 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 occunence basis, subject to the following minimuin limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub-consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub-consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and Page 4 of 11 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", attached hereto, under this Agreement, provided that the City approves the retaining of Sub-consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub-consultant. Any agent and/or Sub-consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDEMNITY 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 K1ND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Page 5 of 11 ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INNRY 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, ANDIOR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT ANDIOR 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: Freese and Nichols, Inc. Kevin Morris, P.E. 1500 Broadway Street, Suite 206 Lubbock, TX 79401 Telephone: 806-686-2700 Email: kevin.morris cr,freese.com C. City's Address. The City's address and numbers for the purposes of notice are: Sarah Davis City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3157 Email: sdavis@mylubbock.us Page 6 of 11 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 Agreetnent. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. 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 Page 7 of 11 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 andlor circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. ln the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non-Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. in the event of non-appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will tenninate 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"). lf at any time funds are Page 8 of 11 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, Contractor 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 Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a fireann entity or fireann trade association; and will not discriminate during the term of the contract against a iirearni entity or firearm trade association. R. Contractor 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 Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor 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 constitutional or statutory duties related to the issuance, incurrence, or manage�nent 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 contractor or vendor agrees that the contract can be tenninated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. Page 9 of 11 To the extent Subchapter J, Chapter 552, Governinent 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK A EST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: / �.� Michael G. Keenum, P.E., CFM, Division Director of Engineering 1 City Engineer APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney Page 10 of 11 Firm Freese and Nichols, Inc. By: Jo F. Dewer, P.E. V' e PresidentlPrincipal Page 11 of 11 EXHIBIT A Scope for Enaineerinq Desiqn Related Services for Upland Avenue (from 50th Street to 66th Street) The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be pertormed and address the needs of the Project. OBJECTIVE Engineering Design: The objective of the Upland Avenue (50`h St to 66'h St) Improvements project is to improve vehicular and pedestrian mobility and safety from 50'h Street to 66cn Street (1.0 miles) The existing conditions within the project area are generally a two-lane undivided roadway with bar ditch drainage conveyance within variable right of way. Project limits are generally 50'h Street to 66'h Street; however, the intersection of 50th Street and Upland Avenue has been previously designed by the ENGINEER while the intersection of 66'h Street and Upland Avenue has been designed by others. The project will include the design and construction of a five-lane undivided thoroughfare with curb and gutter, drainage, street lights, and sidewalks within a 110-foot right-of-way. The project will include up to three (3) drainage easements to accommodate cross-drainage. The project will require active coordination with four projects adjacent to this project: Upland Avenue 34'h Street to 50'h Street Upland Avenue 66th Street to 82"d Street 66'h Street Alcove Avenue to Upland Avenue 50'h Street/CR 6900 from FM 179 to Upland Avenue WORK TO BE PERFORMED Engineering Design: Task 1. Design Management and Quality Control/Quality Assurance Task 2. Conceptual Design (Schematic) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. ROW/Easement Services Task 7. Survey and Subsurface Utility Engineering Services Task 8. Geotechnical Investigation / Pavement Design Task 9. Permitting Cily of Lubbock Upland Avenue AQachmenl A From 50'^ Street to 66'" Slreel Page 1 of 18 ENGINEERING DESIGN: TASK 1. DESIGN MANAGEMENT ENGINEER will manage the work outlined in this scope to efficiently and effectively use ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. ENGINEER will develop a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. At any time during the project the CITY may request from the ENGINEER documentation relative to QC/QA for project submittals. 1.1. Managing the Team: • Lead, manage and direct design team activities • Perform Quality Control / Quality Assurance (QC/QA) reviews in conjunction with performance of the work. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre-design project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and develop economical and functional designs that meet CITY requirements • Conduct and document monthly project update meetings with CITY Project Manager • Conduct and document biweeklv internal design team meetings • Conduct up to three (3) site visits • Conduct one (1) review meeting with the CITY after each of the 30%, 60%, and 90% design submittals • Conduct QC/QA reviews and document those activities. • Prepare invoices, and submit monthly in the format requested by the CITY. Prepare and submit monthly One Page Reports. • Prepare and submit baseline Project Schedule initially, and monthly Project Schedule updates with a schedule narrative as updates occur. • Coordinate with adjacent projects including: • Upland Avenue 34'h Street to 50'h Street City of Lubbock Upland Avenue Exhibd A From 50'" Street to 66'" Street Page 2 0/18 • Upland Avenue 66'h Street to 82"d Street • 66"' Street Alcove Avenue to Upland Avenue • 50"' Street/CR 6900 from FM 179 to Upland Avenue 1.3. QC/QA of Subconsultants The ENGINEER's subconsultants shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. ENGINEER's subconsultants shall certify in writing via a letter that the information provided has undergone a Quality Control/ Quality Assurance process. 1.4. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design. QA should be performed by an individual within the firm who is not on the design team. • A Comment Resolution Log will be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. • The documentation of a QC/QA review includes electronic copies of the color- coded, original marked-up document (or "check prinY') developed during the QC checking process and/or review forms which sequentially list documents and associated comments. ASSUMPTIONS • One (1) pre-design project kickoff meeting with CITY • Twelve (12) monthly project update meetings during design phase with the CITY • Three (3) plan review meetings with the CITY • Twenty (20) bi-weekly design team meetings • Project design phase is anticipated to take twelve (12) months. • Twelve (12) monthly updates of One Page Reports, Project Schedule, Action Items/Decisions Made Log. • All submittals to the CITY will be quality checked prior to submission. DELIVERABLES A. Meeting summaries with action items B. Baseline design schedule and monthly updates with schedule narrative describing any current or anticipated schedule changes C. Monthly One Page Reports D. Monthly invoices City of Lubbock Upland Avenue Exhibit A From 50w Street to 66'" Street Page 3 of 18 E. QC/QA documentation TASK 2. CONCEPTUAL DESIGN (SCHEMATIC) The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the Conceptual Design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the Conceptual Design of the improvements as follows: 2.1. Data Collection • Review Available CAD and GIS files from CITY • Gather Aerial, GIS, LiDAR Data • Review available CITY records development including plats and drainage studies • Review available Franchise Utility Data • Setup CAD files based on Available Data • Conduct up to two (2) site visits 2.2. Conceptual Design Schematic ENGINEER will provide design services to the CITY with the following design components. All information listed will be provided on the design schematic: GENERAL DESIGN • TYPICAL SECTIONS — Including existing and proposed typical sections showing pavement (roadway, sidewalk, curb), ROW, lane widths (with direction arrows). • ALIGNMENT DATA RIGHT-OF-WAY AND EASEMENT MAP — Including parcels numbers ROADWAY DESIGN • ROADWAY PLAN AND PROFILE — Including plan and profile views (Upland Avenue) showing existing and proposed horizontal and vertical roadway alignments, existing and proposed right-of-way/easements, sidewalks, driveways, and existing utilities. CROSS SECTION DESIGN • CROSS SECTIONS — Including Upland Avenue centerline station at a 50' interval, existing top of ground line, proposed roadway section, and easement and right-of-way limits. 2.3. Conceptual Drainage Design Analysis ENGINEER will provide design services to the CITY with the following design analysis. All information listed will be provided in the drainage design analysis: City of Lubbock Upland Avenue Exhibit A From 50"' Street to 66'� Street Page 4 of 18 • Hydrologic and hydraulic data sources for existing conditions. • Project drainage area map • Conveyance paths, slopes, time of concentration, and runoff coefficients as required to calculate design-year flows. • Subdivided drainage areas into sub-areas and calculations of the discharge at each discharge location. • ICPR H8H models of existing and proposed conditions • Evaluation of adequacy of the ROW needed to accommodate the proposed roadway and drainage system. • Identification and preliminary sizing of necessary offsite drainage easements. • Identification and preliminary sizing of cross culvert. • Identification and preliminary sizing of playa lake cut/fill needs. 2.4. Opinion of Probable Construction Cost • ENGINEER will develop an opinion of probable construction cost (OPCC) based on design plans. Sources of data used in the preparation of the OPCC include construction data aggregation services, similar past project performed by ENGINEER, and professional experience and engineering judgement. 2.5. Utility Conflict Coordination • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall deliver a PDF file of the approved preliminary schematic to the City for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. ASSUMPTIONS • Digital copy of Schematic (PDF). • Digital copy of Drainage Analysis Report. • Digital copy of opinion of probable construction cost. City of Lubbock Upland Avenue Exhibit A From 50'" Street to 66'" Street Page 5 of 18 DELIVERABLES A. Conceptual Schematic B. Conceptual Drainage Analysis Report C. Opinion of Probable Construction Cost D. Utility Conflict Coordination Package TASK 3. PRELIMINARY DESIGN (60%) ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. Preliminary Design shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the Preliminary Design of the improvements as follows: 3.1. Preliminary Design Plans: • ENGINEER will progress, update, or revise the design components listed in the Conceptual Design submittal and the additional design plans: GENERAL DESIGN • COVER SHEET — Including project limits and location map • INDEX OF SHEETS • GENERAL NOTES — Including applicable City standard general notes • DESIGN LEGEND • QUANTITY SUMMARY — Including tables of quantities per sheet • SURVEY CONTROL AND PROJECT LAYOUT — Including control points with X, Y, Z coordinates, identified coordinate system, vertical datum, and bearing base. • RIGHT-OF-WAY AND EASEMENT MAP — Including parcels numbers • EXISTING UTILITY MAP — Including collected Level A-D SUE data (Task 8). • CONSTRUCTION PHASING NARRATIVE AND TYPICAL SECTION — Including description of the suggested construction phasing and typical sections. The construction phasing narrative includes expectation and restrictions of the construction during the multi-phase project. • CONSTRUCTION DETOUR PLAN — Including layout of allowable/approved detour plan to be utilized but the project • TRAFFIC CONTROL DETAILS — Including applicable CITY and TxDOT traffic control details. Assumes that the Contractor will prepare and implement a traffic control plan in accordance with the Texas Manual on Uniform Traffic Control Devices. Ciry of Lubbock Upland Avenue Exhibit A From 50�' Street to 66'" Street Page 6 of 18 ROADWAY DESIGN • REMOVAL PLAN — Including removal of above and below ground features necessary for the construction of the project improvements. • ROADWAY PLAN AND PROFILE — Including plan and profile sheets (Upland Avenue) showing existing and proposed horizontal and vertical roadway alignments, right-of-way/easements, sidewalks, driveways, lane dimensions, drainage structures, and City and franchise-owned utilities. • ROADWAY KEY MAP • SIDESTREET PLAN AND PROFILE — Including plan and profile sheets showing existing and proposed horizontal and vertical roadway alignments, right-of- way/easements, sidewalks, driveways, lane dimensions, drainage structures, and City and franchise-owned utilities. • INTERSECTION LAYOUTS — Including spot grades and dimensions for grades at radii, fillets, and valley gutters at cross-street intersections. • DRIVEWAY DETAILS - Including key elevations, dimensions, proposed driveway section, and easement and right-of-way limits. • ROADWAY DETAILS — Including necessary non-standard details. • STANDARD ROADWAY DETAILS DRAINAGE DESIGN • OVERALL DRAINAGE AREA MAP — Delineate the watershed based on contour data and field verification and document existing street, right-of-way and drainage easement capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 1-foot contour data with the contours labeled. Data source and year will be provided by the ENGINEER. • STORMWATER ROUTING PLAN— Including proposed flow lines, HGL contours, lengths and slopes of outfalls. • CHANNEL PLAN AND PROFILE - Including plan and profile sheets showing existing and proposed horizontal and vertical drainage alignments, existing and proposed flow lines, HGL, lengths, slopes, and cross-section of proposed channel improvements. • CULVERT DESIGN — Including culvert layout sheets showing location and size of all culverts, including existing and proposed flow lines, flows, lengths and slopes of pipe, top of ground profile over pipe and connections to existing or proposed culverts. • CUT/FILL PLAN — Including plan sheets showing limits of cut, fill, peak water surface elevation, volume calculations, and reclamation totals. • DRAINAGE DETAILS - Including necessary non-standard details. City of Lubbock Upland Avenue Exhibit A From 50'" Street to 66'^ Street Page 7 of 18 UTILITY DESIGN • MINOR UTILITY ADJUSTMENT PLAN — Including plan sheets for the minor adjustment (for example, adjustment of valve or manhole to proposed finished grade) of existing water and sanitary sewer utilities within the project area. • CITY OF LUBBOCK - SANITARY SEWER DETAILS • CITY OF LUBBOCK - WATER DETAILS ILLUMINATION DESIGN ILLUMINATION PLAN — Including plan sheets showing proposed illumination pole, conduit, and electrical service. The development of a photometric diagram will be considered an additional service. The electrical design for the project will include the electrical distribution system for the lighting system described. There will be a minimum of two (2) electrical utility service locations and a maximum of three (3) electrical service locations. • ILLUMINATION DETAILS TRAFFIC SIGNAL DESIGN • SIGNAL PLAN AND SUMMARIES — CITY Traffic Engineering department will develop the signal designs required for the project in coordination with the ENGINEER. Sheets, quantities and specifications will be developed by the CITY and incorporated into deliverable packages by ENGINEER. SIGNING AND PAVEMENT MARKING DESIGN • SIGNING AND PAVEMENT MARKING PLAN — Including pavement markings, traffic buttons, and traffic signage (CITY and TMUTCD compliant) for the roadway improvements. • CITY OF LUBBOCK SIGNING AND PAVEMENT MARKING DETAILS LANDSCAPE DESIGN • LANDSCAPE PLAN — Including proposed locations of topsoil, sod, and hydromulch in relation to the proposed improvements. EROSION CONTROL • EROSION CONTROL PLAN — Including proposed locations of sediment and erosion control BMPs in relation to the proposed improvements. 3.2. Preliminary Design Project Manual (Contract and Specifications) ENGINEER will submit all deliverables needed to prepare the Project Manual (Contract and Specifications) using the CITY's front end and technical specifications. The ENGINEER shall supplement the technical specifications, as needed. 3.3. Opinion of Probable Construction Cost ENGINEER will develop an opinion of probable construction cost (OPCC) based on design plans. Sources of data used in the preparation of the OPCC include City of Lubbock Upland Avenue Exhibit A From 50'� Street to 66'" Street Page 8 of 18 construction data aggregation services, similar past project performed by ENGINEER, and professional experience and engineering judgement. 3.4. Constructability Review Meeting Prior to the Preliminary Design Review Meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.5. Utility Conflict Coordination • ENGINEER will provide a digital set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts. The PDF file should be created directly from the CAD files. ASSUMPTIONS • Two (2) copies of half size (11"x17") plans. • One (1) set of the Specifications. • Two (2) copies of opinion of probable construction cost. • Electronic copy (PDF) of the plans, specifications, and OPCC. DELIVERABLES A. Preliminary Design Plans B. Preliminary Specifications C. Opinion of Probable Construction Cost D. Utility Conflict Coordination Package TASK 4. FINAL DESIGN (90% AND 100%). ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design Package. Final Design shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the Final Design of the improvements as follows: 4.1. Final Design (90%) Plans: • ENGINEER will progress, update, or revise the design plans listed in the Conceptual Design submittal and the additional design plans: 4.2. Final Design (90%) Specifications • ENGINEER will prepare the Specifications using the CITY's front end and technical specifications. The ENGINEER shall supplement the technical specifications, as needed. City of Lubbock Upland Avenue Exhibit A From 50'" Street to 66'" Street Page 9 of 18 4.3. Opinion of Probable Construction Cost • ENGINEER will develop an opinion of probable construction cost (OPCC) based on design plans. Sources of data used in the preparation of the OPCC include construction data aggregation services, similar past project perFormed by ENGINEER, and professional experience and engineering judgement. 4.4. Utility Conflict Coordination Package • ENGINEER will provide a digital set of plans in PDF format with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts. The PDF file should be created directly from the CAD files. 4.5. Final Design (100%) Plans: • ENGINEER will progress, update, or revise the design plans listed in the Conceptual Design submittal and the additional design plans: 4.6. Final Design (100%) Specifications • ENGINEER will prepare the Specificationsg using the CITY's front end and technical specifications. The ENGINEER shall supplement the technical specifications, as needed. 4.7. Opinion of Probable Construction Cost • ENGINEER will develop an opinion of probable construction cost (OPCC) based on design plans. Sources of data used in the preparation of the OPCC include construction data aggregation services, similar past project performed by ENGINEER, and professional experience and engineering judgement. ASSUMPTIONS • Two (2) copies of half size (11"x17") plans for 90% and 100% Design. • One (1) set of the Specifications for 90% and 100% Design. • Two (2) copies of opinion of probable construction cost for 90% and 100% Design. • Electronic copy (PDF) of the plans, project manual, and OPCC for 90% and 100% Design. DELIVERABLES A. Final Design Plans (90% and 100%) B. Final Design Specifications (90% and 100%) C. Opinion of Probable Construction Cost (90% and 100%) D. Utility Conflict Coordination Package (90% and 100%) TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. City of Lubbock Upland Avenue Exhibit A From 50'^ Street to 66'" Slreet Page 10 of 18 5.1. Bid Support • The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests in the form of addenda. Attend the pre-bid conference in support of the CITY. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids/proposals, and recommend award of the contract. A copy of the Bid Tabulation will be provided to the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • The ENGINEER will provide the CITY with a recommendation of award letter after the review of the provided bids. • Incorporate all addenda into the contract documents and issue conformed sets. After the bid opening, ENGINEER will provide up to five (5) full size (22"x34") sets and up to seven (7) half size (11 "x17") sets of the Conformed Plans and up to two (2) bound copies of the conformed Project Manual set incorporating all approved addenda. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will only be made available on the City's document management system for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed by the CITY and made available for purchase by plan holders and/or given to plan viewing rooms. • The project will be bid via the design, bid, and build process. DELIVERABLES A. Up to three (3) Addenda B. Bid Tabulations C. Recommendation of Award Letter D. Conformed Plans and Project Manual TASK 6. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. City of Lubbock Upland Avenue Exhibit A From 50�' Street to 66'" Street Page 11 of 18 6.1. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall determine rights-of-way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall prepare a ROW and Easement parcel reference map showing and designating all land interest for project. The map shall be revised as necessary throughout the land acquisition process. • ENGINEER shall perform appraisal services including a Market Study Report and individual appraisals for up to six (6) parcels. • ENGINEER shall provide abstracting services for up to twelve (12) parcels with unknown ownership or potential prescriptive ROW parcels. • Engineer shall provide title and negotiation services for twenty three (23) parcels including delivery of Initial Offer, negotiation with landowner, submitting signed conveyance documents/counteroffers to CITY, curing title issues and obtaining partial release of liens, delivery of Final Offer, recording original conveyance documents in the real property records and submitting final file to CITY. ASSUMPTIONS • Appraisals will be submitted to CITY for review to request approval to make offers. • Condemnation services are considered an additional service. DELIVERABLES A. Up to twenty-three (23) proposed right-of-way documents B. Up to three (3) proposed easement documents C. ROW and Easement parcel reference map D. Market Study Report E. Conveyance documents TASK 7. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER witl provide survey support as follows. 7.1. Design Survey and Right-of-Way/Easement Research ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and storm sewers, rim/invert elevations, location of buried utilities, water valves, water meters, curb and gutter, asphalt, concrete, structures, sidewalks, medians, fences, driveways, tops and toes of slope, utility Ciry of Lubbock Upland Avenue Exhibit A From 501h Street to 66'" Street Page 12 oi 18 poles, mailboxes, signs, telephone risers, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees which are 6" in diameter or larger), and other visible features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. -- No less than two horizontal bench marks, per line or location. - Bearings given on all proposed centerlines, or baselines. - Station equations relating utilities to paving, when appropriate. Right-of-Way research includes review of property/right-of-way records based on current internet-based Lubbock Central Appraisal District (LCAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the LCAD records, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. 7.2. Temporary Right of Entry Preparation and Submittal • Prior to the access of private property for the collection of existing conditions survey data, the ENGINEER shall prepare, mail, and monitor up to thirteen (13) temporary right of entry letters. 7.3. Subsurface Utility Engineering • ENGINEER will perform the Level A-D Subsurface Utility Engineering (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 City of Lubbock Upland Avenue Exhibit A From 50'^ Slreet to 66'^ Street Page 13 oi 18 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 utility records; Quality Level C(QL"C") - QL"D" information supplemented with information obtained by surveying visible above-ground utility features such as valves, hydrants, meters, manhole covers. 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 provides the horizontal position of subsurface utilities within approximately one foot. Quality Level A(QL"A") — Three dimensional (x,y,z) utility information obtained utilizing non-destructive vacuum excavation equipment to expose utilities at critical points which are then tied down by surveying. Also known as "locating", this quality level provides precise horizontal and vertical positioning of utilities within approximately 0.05 feet. • Utilities to be designated include gas, telecommunications, electric, drainage, water and sanitary sewer. • ENGINEER will designate the known subsurface utilities within the project limits utilizing geophysical equipment (electromagnetic induction, magnetic) to designate metallic/conductive utilities (e.g. steel pipe, electrical cable, telephone cable). • ENGINEER will provide appropriate traffic control measures (barricades and signs). • ENGINEER will utilize non-destructive vacuum excavation equipment to excavate test holes at the required locations. Due to the risk of damage, ENGINEER will not attempt to probe or excavate test holes on any AC water lines unless approval is obtained from the CITY in advance. ENGINEER will record the utility type, size, material, depth to top, and general direction. Each test hole will be assigned a unique ID number and will be marked with a nail/disk. The test-hole ID number and other pertinent utility information will be painted at each test-hole location. • ENGINEER shall provide up to six (6) test holes (estimated to be between 8 and 12 feet in depth and within existing pavement) Subsurface Utility Engineering (SUE) to Quality Level A, as described below: o Expose and locate utilities at specific locations. o Tie horizontal and vertical location of utility to survey control. o Provide utility size and configuration. o Provide paving thickness and type, where applicable. o Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. o Backfill cored holes within existing concrete pavement with temporary concrete pavement to a minimum of 9" in depth. City of Lubbock Upland Avenue Exhibd A From 50'" Street to 66'" Street Page 14 of 18 DELIVERABLES A. Drawing of the project layout with Level A-D SUE (including legend and table of Level A SUE data). TASK 8. GEOTECHNICAL INVESTIGATION / PAVEMENT DESIGN. ENGINEER will provide geotechnical investigation services to the CITY as follows: 8.1 Field Exploration • Select and mark up to eleven (11) boring locations and notify Texas 811, appropriate CITY Department(s) to request location and marking of existing underground utilities prior to the field exploration. 8.2 Laboratory Testing • Perform testing on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. ENGINEER will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. • Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: o Classification tests (liquid and plastic limits and percent passing the No. 200 sieve or gradation) o Moisture content o Dry unit weight o Unconfined compressive strength o pH lime series o Soluble sulfate content 8.3 Engineering Analysis and Reporting • Prepare a technical memorandum of the geotechnical investigation to include: o Boring locations, boring logs, laboratory test results, and a key to the symbols used. a Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. o Recommendations for pavement subgrade treatment o Pavement thickness calculations for both rigid and flexible pavement o Earthwork related recommendations for use during development of the plans and specifications City of Lubbock Upland Avenue Exhibit A From 50'" Streel to 66'^ Street Page 15 of 18 ASSUMPTIONS • For core drilling, traffic control will be required, including closing a lane of traffic and providing flagmen. • It is assumed that a truck-mounted drilling rig can access the drill locations. If drilling with a track-mounted rig is necessary, it will be considered an additional service to this contract. • ENGINEER will coordinate with CITY to obtain the necessary permits for core drilling within the roadway. • Soil boring locations are planned to be within the existing pavement and in locations where traffic control plans for roadway or lane closures will be necessary. • Locations of the six (6) core borings will be adjusted for location based upon the existing utilities and ingress/egress onto Upland Avenue from the adjoining side streets. DELIVERABLES A. One (1) hard copy and one (1) electronic copy of geotechnical technical memorandum (including exhibits, soil boring results, summary of observations and pavement (surface and subgrade) recommendations). TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows: 9.1 Texas Department of Licensing and Regulation (TDLR) • ENGINEER will provide permitting support for the CITY and will prepare plan layouts for Americans with Disabilities Act (ADA) and TDLR compliant sidewalks, curb ramps, pedestrian push buttons, and crosswalks. • ENGINEER will retain the services of a TDLR Registered Accessibility Specialist (RAS) Inspector approved by the CITY. • ENGINEER will be responsible for completing and submitting the inspection forms, paperwork, and RAS plan review during the design phase as required by the TDLR. • During the construction phase, the CITY will coordinate one (1) RAS inspection with the ENGINEER and RAS Inspector no later than thirty (30) calendar days after construction substantial completion. • ENGINEER will be compensated for the RAS Inspector costs by the CITY as a reimbursable expense. 9.2 Environmental Permit Evaluation ENGINEER will evaluate the project area for regulatory permitting requirements primarily related to Section 404 of the Clean Water Act (Section 404) and other know permits. This City of Lubbock Upland Avenue Exhibit A From 50'" Street to 66'^ Street Page 16 of 18 information will be utilized to evaluate the project improvements to minimize regulatory requirements for the project. Desktop Evaluation • Prior to the site visit, ENGINEER's environmental scientists will assemble and review data such as aerial photographs, topographic maps, National Wetlands Inventory (NWI) maps, and soils data. Pedestrian Survev ENGINEER's environmental scientist will conduct a pedestrian survey within the project limits (including approximately 200 feet upstream and downstream of the existing culvert crossings) to document existing environmental conditions and assess potential environmental impacts. The presence and locations of waterbodies, including wetlands, potential federally-listed threatened and endangered species habitat, and vegetation cover types will be identified within the project area. THC Coordination • ENGINEER's environmental scientist will prepare and submit a consultation letter to the Texas Historical Commission (THC) to determine the potential for the project to impact protected cultural resources and provide results to the CITY. If follow up studies are requested by the THC, those studies can be provided as an additional service with written authorization from the CITY. Conceptual Environmental PermittinQ Memorandum • Information gathered during the pedestrian survey (and coordination with the project team and CITY) will be used to prepare a technical memorandum identifying potential environmental permitting requirements for the proposed improvements identified in the conceptual design phase. ASSUMPTIONS Section 404 of the Clean Water Act (Section 404) regulates the discharge of materials within waters of the U.S. (such as streams, ponds, and wetlands), and the U.S. Army Corps of Engineers must issue a Section 404 permit prior to a regulated action. This scope assumes the intent of the future proposed project is to construct roadway improvements in accordance with the terms and conditions of Nationwide Permit (NWP) 14, Linear Transportation Projects. DELIVERABLES A. Conceptual Environmental Permitting Memorandum Ciry of Lubbock Upland Avenue Exhibit A From 50'" Street to 66"' Streel Page 17 of 18 EXHIBIT A, PART 2, ADDITIONAL SERVICES Upland Avenue (from 50'h Street to 66"' Street) Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Water and wastewater utility design. • Traffic signal design. • Condemnation services. • Construction phase services of any kind, including pre-construction meetings, review of submittals, field visits, progress meetings, etc. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Effort exceeding those outlined in the "Assumptions" section of each task description. • Survey documents exceeding the number shown in the contract. • Property appraisals exceeding the number shown in the contract. • Level A SUE test holes exceeding the number shown in the contract. City of Lubbock Upland Avenue Exhibit A From 50"' Streel l0 66�' Streel Page 18 of 18 EXHIBIT B Budqet for Enqineerinq DesiQn Related Services for Upland Avenue (from 50'h Street to 66'h Street) CITY and ENGINEER have established a not-to-exceed budget of 1 208 443 to complete all engineering design services as directed under this AGREEMENT. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT C. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented for the services of ENGINEER under this AGREEMENT are provided in this Exhibit B. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not-to-exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. The budget assumes that all work will be completed in accordance with the proposed project schedule of 12 months. The schedule may be extended by six months if the CITY and ENGINEER mutually agree. EXHIBIT C Hourlv Rate Schedule Compensation for Enqineerinq Desiqn Related Services for Upland Avenue (from 50�' Street to 66'h Street) LUBBOCK RATE SCHEDUIE E�u Principal / Group Manager Tcchnical Profcssional • 6 Techntcal prolculonal S Technical Prafess3onal - 4 Technical Prafessional - 3 Techmc�l Pru(ess+onal • 2 technical Profess3onal - 1 CAD Technician/Designer - 3 CAOTechn�cian/Designer • 2 CAO Yethmtbn/p�signcr 1 Seniqr CAd Technit�an/Oes�gne� Construction Manager 4 Construction Ma�agcr 3 Construtuon M�nager • 2 Constr�tlion Manager 1 Corporate Project Support - 3 COrpOrOtt PrO�dtt Suppoti - 2 Corparate Projen Support - 1 Intern/ [oap Rates lor In•Flouse Sorvlces 7echnelo�v [hane S8 50 per hour Tra�rtsl Standard 1ilS Rates •�� �� . Small Format (prr copy) Wrge �ormat iper sq. ft ) Bond Gbssy / Mylar Vlnyl / Adhesive Mounting (per sq. ft ► Bindi ng �per bdndir►g! Rate 342 335 2 T0 232 194 170 140 186 ia� 112 a�i zao 151 143 112 157 141 1p8 73 8&W Color So ia so.zs 50.25 50.75 ''j0.75 s1.25 SI 5d 52 00 52.00 50.25 OTNER OIREGT EXPENS£S. Othcr dircct eKprnscs arc reimbursed at actual cost t�mcs a multipl+cr o( 1 10 Thcy intludc outsidc p�in�ing �nd reproduction erpense, commumcat�on e�pense, travel, transpartation and suhstttente away Irom the FNI office and other miuellaneous ��penses diredty related tn Ihe work, Includ�ng costs ot laboratory anafysis, test, and other work required 10 he done by independeot persons other than staH m¢mbers for Resident itepresentative services performed by rwn-FNI employees and CAD services pe�lormed In- house by non FNI employres wfirre FNi prowdes worksp�ce and equ�pment lo perform such srrvlces, thesr services wifl be brlled at cost times n mtiltiplfer of 2.0. Thls mnrtup npprorimates the cost to FNI d an FNI employee was performing the same or simllar scrvites. CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos. l- a and s if there are interested parties. OFFICE USE ONLY Complete Nos. l, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entiry filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1079264 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/04/2023 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. 17625 Engineering Design Services for Upland Avenue from 50th Street to 66th Street Nature ofinterest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Greer, Alan Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Johnson, Kevin Dallas, TX United States X Payne, Jeff Fort Worth, TX United States X Reedy, Mike Houston, TX United States X Wolfhope, John Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Pam Fofdtfan , and my date of birth is My address is $00 N. Shoreline, Suite 1600N Corpus Christi TX 78401 USA (street) (city) (state) (zip code) (country) I declare under penalry of perjury that the foregoing is true and correct. Executed in Nueces Counry, State of Texas , on the 4th day of October 20 23 (month) (year) �P �-e,� � � Signature of authorized agent of contracting business entiry (Declarant) Forms provided by Texas Ethfcs Commfssion www.ethics.state.tx.us Versfon V3.5.i.e4ef7e73 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. i, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entiry filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1079264 Freese and Nichols, Inc. Fort Worth, TX United States Date Filed: 2 Name of governmental entiry or state agency that is a party to the contract for which the form is 10/04/2023 being filed. City of LubboCk Date Acknowledged: 10/05/2023 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. 17625 Engineering Design Services for Upland Avenue from 50th Street to 66th Street Nature ofinterest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Greer, Alan Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Johnson, Kevin Dallas, TX United States X Payne, Jeff Fort Worth, TX United States X Reedy, Mike Houston, TX United States X Wolfhope, John Austin, TX 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 penalry 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 bv Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.e4ef7e73