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HomeMy WebLinkAboutResolution - 2023-R0523 - PSA Contract 17636, Halff Associates, Inc - 10/24/2023Resolution No. 2023-R0523 Item No. 5.17 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 for and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17636 for engineering services for the reconstruction of Upland Avenue from 19th Street to 34th Street, by and between the City of Lubbock and Halff Associates, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on .__ October 24, 2023 TRAY PA E, AYOR ATTEST: Co ncy az, City Secr APPROVED AS TQ CONTENT: Erik �ej APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney ccdocslRES.PSA-No. 17636 Halff Assoc., Inc. Upland 19'h to 34'h 10.5.23 Resolution No. 2023-R0523 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17636 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 Halff Associates, Inc. (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Upland Avenue from 19`h Street to 34`h 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 18 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 10 ARTICLE I1. 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 $1,280,700, 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 relie£ 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. ACKNOWLEDGEMENTS 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 perfonn this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and perfonnance 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 10 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 applicable laws, rules, and regulations, both state and federal, including, without (imitation 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 applicable law, statute, rule, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for requiring 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 liability or loss caused to City or to which City is exposed on account of the Engineer's negligence to perform this duty. 01�:71 Y C��iif�.YK�7 ��[�7 Ol`.`l�] 7,1 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, einployees or agents of the City within the meaning or the application of applicable 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. Page3of10 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 require 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 Page4of10 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. ln 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, 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 KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Page 5 of 10 ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, 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: Halff Associates, Inc. Jacob Hays, P.E. 2601 Meacham Blvd., Suite 600 Fort Worth, Texas 76133 Telephone: 817-764-7436 Email: jhays(a�halff.com C. City's Address. The City's address and numbers for the purposes of notice are: Tommy Harms, P.E. City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2344 Email: tharms(a�,mylubbock.us Page6of10 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-confdential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its pennitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSNE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF Page 7 of 10 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, modifcation, 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, acknowledgements, 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. All final documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non-Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without tennination 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 Agreeinent 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 Page 8 of 10 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 verifes 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 acknowledges 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 detennines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. S. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the engineer or vendor agrees that the contract can be terminated if the engineer or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Engineer agrees to: (1) preserve all contracting information related to the contract as provided by the records retention Page9of10 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 TRAY PA , AYOR ATT ST: Courtney Paz, City Sec APPROVED AS TO CONTENT: �/ Michael G. Keenum, P.E., CFM, Division Director of Engineering/City Engineer APPROVED AS TO FORM: Kelli Leisure, Senior Assistant City Attorney Firm: Halff Associates, inc. By: _ �.� � �. Jacob I�ays, P.E., Pu i Works Team Leader Email: jhays(cr��halff.com Page 10 of 10 EXHIBIT A SCOPE OF WORK FOR UPLAND AVENUE FROM 19T" STREET TO 34T" STREET GENERAL DESCRIPTION This scope of work includes the project management, coordination, subsurface utility engineering (SUE), survey, geotechnical engineering, engineering, acquisition, and bidding services for the one mile reconstruction of Upland Avenue between the southern edge of 19`h Street and the northern edge of 34`h Street. The project will widen the two-lane paved road to a three-lane partial section with associated drainage, lighting, signal, communication, and pedestrian facilities as necessary. The ultimate five-lane buildout of the roadway will be done with a future project. A detailed scope of work is provided below: SCOPE OF ENGINEERING SERVICES PHASE 1— PROJECT MANAGEMENT AND COORDINATION Kickoff Meeting A. Within ten (10) days of notice to proceed, the ENGINEER will setup a kickoff meeting with the CITY to confirm design criteria and goals. The ENGINEER will prepare a meeting agenda as well as minutes of the meeting. A design criteria chart will be provided with the minutes. The ENGINEER will prepare a Design Summary Report (DSR) as part of this meeting. B. The ENGINEER will prepare a baseline project schedule indicating tasks, critical dates, milestones, deliverables and review requirements prior to the kickoff ineeting. Design Coordination Meetings A. The ENGINEER shall attend a plan's in hand review meeting to discuss comments and the resolution to said comments after each milestone submittal. For this scope the ENGINEER assumes a meeting will be held after the 30%, 60%, 90% milestones for a total of three (3) in-person meetings. t11. Project Reporting and Billing A. The ENGINEER will submit invoices as the work progresses but not more frequently than monthly. Each invoice will be accompanied by a brief update of work completed for the period covered, list of tasks anticipated for the upcoming month, right-of-way acquisition status, critical issues, and an updated version of the project schedule. B. The ENGINEER will conduct monthly conference calls with the CITY to update status and coordinate efforts. C. The anticipated schedule for this project from NTP to bidding completion is 18 months. �V. Utility Coordination A. The ENGINEER shall provide utility coordination services. These services include meeting and contact with all utilities on the project, initial and ongoing coordination with the City's bond program management consuttant, initial project notifications, preparation of existing utility layouts, preparation of contact lists, reviewing conflicts between the utilities and the proposed project, creating a utility tracking report, review of all of the proposed utility adjustments, and recommendations for the proposed locations of the utility adjustments. B. Utility Conflict Layout, Utility Conflict Matrix, Utility Contact List 1. The ENGINEER shall prepare and deliver four (4) iterations of the Utility Conflict Layout, Utility Conflict Matrix (UCM), and Utility Contact List identifying potential known conflicts based on 30%, 60%, 90% and final design to support Utility Coordination Efforts. 2. The layout and UCM shall include all existing utilities which are to remain in place, those to be abandoned or removed, and those to be adjusted. This layout will be utilized to monitor the necessity of relocation and evaluate alternatives and will serve as the utility base file for the design. The ENGINEER will utilize the layout and UCM of existing utilities and determine the following: a) Facilities in conflict with the proposed project that are to be relocated and facilities to be abandoned in place or removed (conflict analysis). b) Facilities to remain in service and in place. C. Conflict Resolution 1. The ENGINEER shall assist the design team in determining test hole locations to provide conflict resolution. The ENGINEER shall coordinate conflicts/relocations due to the project improvements with each utility owner and shall review applicable right-of-way permits or utility permits needed for utility adjustments and/or relocations within the project improvement area. D. Public & Individual Meetings 1. The ENGINEER will schedule group meetings and individual one-on-one meetings with utility companies as required facilitating utility conflict identification and resolution (up to 24 group meetings and 18 individual meetings). E. Right of Way Staking for Utility Coordination 1. Locate and stake existing and proposed ROW limits as requested by the City or by franchise utilities for the purpose of facilitating utility relocation. Up to 10 callouts to locate and stake ROW limits are included in this item. V. Coordination with Outside Agencies A. The ENGINEER will coordinate with outside agencies as necessary for the successful completion of the Project. Agencies include but are not limited to TxDOT, and the engineers and/or developers for on-going or eminent adjacent developments. For this scope the ENGINEER assumes a total of five (5) onsite meetings and five (5) virtual meetings. VI. Project Management and Quality Assurance and Quality Control A. The ENGINEER will prepare, implement, and document a formal QA/QC plan in accordance with the Public Works section of the ENGINEER's Quality Assurance/Quality Control Program manual. B. The ENGINEER shall conduct regular coordination meetings with project sub-consultants and include all sub-consultant work in the ENGINEER's QA/QC project program. VII. For the purposes of this work it is assumed that monthly coordination meetings shall be conducted and billed under the Upland from 4`h to 19`h project currently under design by Halff. PHASE 2— FIELD DATA COLLECTION I. Right of Entry A. Prior to obtaining any field data the ENGINEER shall prepare and obtain up to twenty (20) right of entries for the project based upon the anticipated property impacts and collection needs. II. Subsurface Utility Engineering A. The ENGINEER/CONTRACTOR will perform the SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: 1. Quality Level-A: Also known as "locating", this quality level provides precise three-dimensional (x, y, z) information at critical locations by exposing specific utilities. Non-destructive vacuum excavation equipment is used to expose the utilities at specific points which are then tied down by survey. 2. Quality Level-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. 3. Quality Level-C: QL "D" information supplemented with information obtained by surveying visible above-ground utility features (i.e. valves, hydrants, meters, manhole covers, etc.). 4. Quality Level-D: Information derived from existing records. It is the responsibility of the SUE provider to perform due-diligence with regards to records research (QL "D") and acquisition of available utility records. The due-diligence provided for this project will consist of contacting applicable "one call" agencies, visually inspecting the work area for evidence of utilities, and reviewing the available utility record information. Utilities not identified through these efforts will be referred to as "unknown" utilities. The ENGINEER's personnel will scan the defined work area using electronic prospecting equipment to search for "unknown" utilities. The ENGINEER is not responsible for designating and locating "unknown" utilities that were not detected while scanning the work area. B. Quality Level-A Utility Test Holes (Vacuum Excavation) 1. Up to five (5) test holes will be performed on various utilities at locations specified by Client. Halff will cut up to a 12" square test hole, excavate down to utility, record the depth to top of utility, backfill & compact the hole, and restore the surface to its original condition. An iron rod with cap or "x-cut" will be set to mark the approximate centerline location of the utility. A jackhammer will be utilized for work to be performed in asphalt and concrete areas. This Scope of Services includes all test holes being performed under one (1) mobilization and that assets which are being potholed are less than 10-feet in depth 2. If test holes are requested on non-conductive/untonable utilities depicted as Quality Level-D where the horizontal location is assumed, Halff will coordinate with Client and respective utility owner, on-site personnel if private property and available records to pinpoint the location to perform the test hole. Due to the concrete/ground conditions, one (1) attempt shall be made under this fee, which may or may not expose the subject utility. Should the utility not be exposed, Halff will coordinate with the Client for direction on digging additional test holes if required and shall be compensated for each test hole dug. 3. If significant rock is encountered in the area of the test hole that prohibits the utility from being exposed via standard tevel A methods then supplemental locations may need to be provided at an additional cost. C. Quality Level-B Utility Designating 1. The ENGINEER will designate the approximate horizontal position and approximate electronic depths of conductive/toneable utilities within the project limits using geophysical prospecting equipment and mark using paint and/or pin flags. We anticipate the designation of approximately 30,000 linear feet of utilities including buried communication, electric, natural gas, petroleum pipeline, water, and wastewater/sanitary sewer. Designation of irrigation lines, HDPE lines, gathering lines, asbestos concrete and/or pvc lines, as well as pvc lines without tracer wire or access are not part of this Scope of Services. Because of limited utility record information and the possibility of non- conductive/un-toneable utilities, the CONTRACTOR cannot guarantee all utilities will be found and marked within the project limits. D. Quality Level-C Surveying 1. Quality Level-B Utility Designation paint markings, pin flags, and above ground utility appurtenances as well the iron rod with cap or "x-cut" for Quality Level-A Test Holes will be surveyed and tied utilizing project survey control provided by the Client. E. Quality Level-D Records Research 1. Available Records will be provided to Halff by the Client. The ENGINEER will perform additional utility record research as needed to successfully complete the project. 2. Because there are situations where the utility does not have a metallic composition, a metallic tracer line attached, or access to insert a tracer line, the approximate location of the utility may be determined using utility records and direct correspondence with the utility owner/representative. In these areas, the information will be considered Quality Level-D, depicted according to utility record information only. F. SUE Field Manager / Professional Engineer 1. A SUE Field Manager will be on-site for a portion of this project for field crew supervision, field quality control, and coordination with on-site personnel. A Professional Engineer will be responsible for QA/qC, management of the contract, coordination with the project team and signing the final deliverables if required. G. SUE Deliverables / CADD 1. Deliverables for the Quality Level-6 2D Utility Designation will be 11-in. x 17-in. SUE plan sheets depicting the findings of the investigation. Deliverables for the Quality Level-A Test Hole excavations will be an 11-in. x 17-in. Test Hole Summary Sheet depicting information about all Test Hole's performed indicating depth, size, location, and other notable characteristics of the utility. Electronic files will be provided in MicroStation and/or AutoCAD format along with PDFs and photos. H. Permitting 1. The ENGINEER will coordinate City permitting related to the SUE investigation. I. Work Zone Traffic Control: 1. The ENGINEER will provide standard temporary work zone traffic control consisting of cones and free-standing signage for this project. This Scope of Services does not include lane closure(s), flag person(s), changeable message board(s), arrow board(s) and/or engineered traffic control plans. 2. If an engineered traffic control plan is required for permit approval or if unique traffic control conditions exist, the ENGINEER will notify the Client and submit a supplemental agreement for authorization prior to proceeding with additional work. fll. Survey A. Design Survey 1. SURVEYOR will develop an existing boundary survey and existing topographic data within the limits of this project to prepare the preliminary roadway design. a) Data Collection and Property Research (1) SURVEYOR will collect available data to determine the boundary locations and owner information for all adjacent properties within the project limits. b) Design Survey (1) The limits of the survey along Upland Avenue will be from the southern 19"' Street return to the northern 34th Street return. The survey will include the existing and proposed right-of-way width of 110' and where subdivisions and structures are encountered adjacent to Upland Avenue, data will be collected a maximum of 20-feet beyond the ROW. (2) The following areas shall also be surveyed: (a) Thoroughfare Intersections — 200-feet east and west of the Upland Avenue intersection (b) Minor Cross Streets - 100-feet east and west of the proposed Upland Avenue ROW line. (c) Finished floor elevations of existing structures adjacent to the right-of-way as needed (3) Place control monuments with aluminum caps in concrete. Establish horizontal state plane coordinates (NAD 83) using GPS. Establish vertical control coordinates on NAVD 88. Monuments will be set to accommodate the limits of construction where possible. (4) Perform a fietd survey to identify and locate existing topographic elements within the roadway corridor including, but not limited to the following: (a) Evidence of property boundary locations adjacent to the corridor. (b) Existing pavement, curbs, sidewalks, barrier free ramps, etc. (c) Roadway and lane striping along Upland (d) Driveways (including material) (e) Parking lots within 20-ft of proposed ROW (f) Alleys (including material) (g) Existing culvert sizes and invert elevations, including cross sections approaching culvert crossings and headwalls/wingwalls (h) Existing driveways and swales (i) Visible utilities including: manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities (j) Traffic signal poles, cabinets, and other signal equipment (k) Signs (excluding temporary signs) (I) Trees, larger than 6" caliper (m) Buildings and permanent structures (n) Retaining walls (o) Fence/Wall limits and material types (excluding temporary fences) (p) Other applicable physical features that could impact design (5) Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. B. Existing Right of Way Survey and Basemapping 1. The existing right of way base map will be incorporated into the schematic document, and will include the following information: a) Parcels and easements with current recording information b) Current property owner c) Existing platted easements and easements available in the public record including easements provided by utility companies 1V. Geotechnical Exploration, Testing, and Reporting A. Field Exploration 1. Drill six (6) borings with a truck-mounted drill rig and support vehicle. The borings will be advanced to a depth of five (10) feet below existing ground surface. Three (3) of the six borings will be cut and cored from the existing roadway to determine the existing pavement structure. 2. The relative density/consistency of the soil will be determined in general accordance with the use of the Standard Penetration Test (SPT) (ASTM D 1586) and/or Shelby tube (ASTM D 1587). 3. Undisturbed cohesive soil samples will be obtained using 3-inch diameter thin- walled tube samplers pushed into the soil. Non-cohesive soil samples will be obtained using split-barrel samplers used in conjunction with the standard penetration test (SPT). The primary rock will be evaluated using Texas Department of Transportation (TxDOT) cone penetration tests, if encountered during drilling. Groundwater readings will be obtained as the boring is advanced and following completion of drilling, as possible. 4. Field personnel or clienYs representative will mark the boring locations using hand-held GPS or normal taping procedures. Both methods provide an accuracy of 20 to 50 feet. Locations will be shown on the plan of borings, when a site plan becomes available. At the completion of drilling operations, borings will be backfilled with soil cuttings at the surface. B. Laboratory Testing 1. The engineering properties of the soil and/or rock will be evaluated in the laboratory using tests performed on selected representative samples. The samples will be visually examined and classified. Considering the nature of the project, we recommend the following tests be performed for our study: a) Moisture content b) Liquid and plastic limit (Plasticity Index-PI) c) Percent passing a No. 200 sieve d) Soil classification according to USCS e) California Bearing Ratio (CBR) C. Geotechnical Engineering Analysis and Report 1. The field and laboratory data will be analyzed to develop geotechnical recommendations. An engineering report will be prepared to include the following; a) Plan of borings, boring logs, and groundwater conditions at the boring locations b) Laboratory test results c) General soil and discussion of the site geology d) Evaluation of the swell characteristics of the soils e) Design recommendations for (1) Earthwork (2) Pavement construction recommendations based on assumed or available traffic data provided by the client. f) One electronic copy of the report will be provided unless otherwise requested. PHASE 3 — DESIGN Schematic Design (30%) A. Schematic Drainage Analysis 1. Drainage Analysis a) Data acquisition (1) Previous studies and hydraulic models inc�uding FEMA data, master drainage plans, and development drainage analysis as provided by the City of Lubbock (2) Aerial imagery and LiDAR elevation data. (3) Existing drainage facilities record drawings. Existing conditions analysis a) Develop existing conditions hydrology b) Develop existing hydraulic cross-sections and existing drainage improvement data for modeling c) Model existing conditions in ICPR4 d) Identify existing points of drainage discharge from the roadway corridor to adjacent properties, roadways or easements. 3. Full-width improvements drainage analysis and design a) Develop future fully developed conditions hydrology b) Develop ICPR 4 model of initial proposed profile for full width pavement section (1) Analyze proposed profile for existing conditions hydrology (2) Analyze proposed profile for future conditions hydrology for full-width pavement section c) Evaluate need drainage improvements (parallel channels, storm drains, etc.) d) Evaluate need for off-corridor drainage easements and improvements. e) Preliminary sizing of drainage improvements and easements as required to achieve desired roadway drainage conditions. B. Draft Schematic Design The ENGINEER shall prepare roll plot schematics depicting plan and profile layout for the roadway, design survey, utilities, conceptual drainage facilities and patterns, and typical section. Two roll plot schematics shall be prepared one of which shall depict the 5-lane ultimate section and one which shall depict the anticipated 3-lane portion to be constructed. The ultimate 5-lane schematic shall serve as the basis for the 3- lane schematic. If the ENGINEER anticipates significant changes from the draft schematic alignment, both horizontal and vertical, then the ultimate schematic only may be provided as part of the draft submittal. 3. These schematics shall be suitable for initial developer coordination in regards to drainage patterns, finished floor elevations, and roadway/driveway connection elevations. 4. The ENGINEER may submit working drawings depicting the proposed horizontal alignment or other elements of concern to the CITY for review and comment to reduce the number of revisions that otherwise could be required. �. Draft Schematic Report 1. The ENGINEER shall prepare a letter report summarizing the design criteria utilized and assumptions made during the preparation of the schematic design. D. Draft Schematic OPCC 1. The ENGINEER shall prepare a preliminary Engineers Opinion of Probable Construction Cost (OPCC) with a level of detail commensurate to the status of the design. E. Draft Schematic Design Submittal 1. The ENGINEER shall provide the CITY with up to three (3) hard copies and one digital copy of the draft schematic deliverables outlined above. �. Final Schematic Design and Submittal Upon receipt of comments from the CITY and other stakeholders on the draft schematic the ENGINEER shall address all comments and provide the CITY with up to three (3) hard copies and one digital copies for final approval. Preliminary Design (60%) A. Preliminary Drainage Analysis and Design B. 1. Identify necessary drainage improvements for full-width pavement section 2. Coordinate alignment of three-lane section with to accommodate required permanent drainage improvements 3. Model interim three-lane section in ICPR4 a) Analyze proposed profile for existing conditions hydrology b) Analyze proposed profile for future conditions hydrology for full-width pavement section 4. Coordinate roadway profile adjustments with to accommodate drainage requirements 5. Identify any interim drainage improvements required for three-lane section 6. Design of grading outside three-lane section to accommodate drainage and grading of off-corridor drainage easements Preliminary Plans 1. The ENGINEER will develop 60% design plans based on CITY approved interim alignment and typical section from 30% schematic 2. Plans shall be prepared with the full size set being 22-inch by 34-inch and of an appropriate scale to allow for the reduction and reproduction of a half size 11- inch by 17-inch set. 3. Design shall be in general accordance with City standards and specifications, TXDOT standards and specifications, where applicable, and good consulting practices for projects off this nature. 4. The preliminary drawings shall include the following: a) Cover Sheet and Sheet Index b) c) d) e) f) 6) h) i) J) k) I) m) n) o) p) q) r) General Notes and Legend SUE Plans (50 scale) Right of Way Map (50 scale) Project Layout and Survey Control (100 scale, dual pane) Existing and Proposed Typical Sections (10H; 5V scale) Demolition and Adjustment Plans (20 scale, dual pane) Roadway Plan and Profile (20H; 2V scale) Driveway and Alley Plan and Profiles (20H; 2V scale) Grading Plans (20 scale) Project Drainage Area Maps Hydrologic and Hydraulic Data Sheet Ditch Plan and Profiles depicting preliminary depth of flow indications for the 100-year design storm within ROW and any corresponding finished floor elevations Culvert Plan and Profiles Traffic Signal Conduit and Appurtenance Plans for 19"'- 26th, and 34th Streets (10 scale) Photometric Map Illumination Plan (20 scale, dual pane) Illumination Voltage Drop Calculations s) Fiber Optic Conduit Plans (20 scale, dual pane) t) Traffic Sequencing Plans (20 scale). Plans shall depict high level traffic control sequencing. Detailed traffic contro� plans shall be provided as part of the final design. u) Pavement Markings and Signage Plans (20 scale, dual pane) v) Cross sections on 50-foot intervals (10H; 5V scale with up to 6 sections per sheet) C. Preliminary Opinion of Probable Construction Cost 1. The ENGINEER shall submit a preliminary opinion of probable construction cost. 2. Bid items within TXDOT right of way shall follow TXDOT's standard specifications and item descriptions. Unit costs for these items shall be developed by and large utilizing TxDOT's available 3-month and 12-month rolling averages for recently let projects. 3. Bid items within City right of way shall utilize City standard bid item descriptions and standard specifications. Unit costs for these items shall be developed utilizing previously let projects by Halff of similar scope and size as well as TxDOT's available 3-month and 12-month rolling averages for recently let projects. D. Preliminary Construction Plan Submittal 1. The ENGINEER shall provide copies of preliminary construction plan drawings for CITY review and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary submittal to the CITY will be made at the 60% stage. The ENGINEER will submit plans to TxDOT and other entities for review. The ENGINEER will provide up to ten (10) hard copies and an electronic copy at the 60% submittal. lll. Final Design (90%) A. Final Drainage Analysis and Design 1. Update ICPR4 model to represent final roadway alignment and profile. a) Permanent full-width roadway section b) Interim three-lane roadway section 2. Confirm location and size of drainage outfalls based on final roadway profile. 3. Finalize sizing of permanent drainage improvements 4. Finalize sizing of interim drainage improvements required for three-lane section. 5. Final grading outside three-lane section to accommodate drainage and grading of off-corridor drainage easements. 6. Identify additional ROW and/or easement requirements to accommodate drainage design. B. The ENGINEER shall prepare Final Construction Plan Drawings. C. This 90% submittal will: 1. Incorporate CITY review comments from the 60% milestone submittal. 2. Develop the following final design sheets: a) Quantity summary sheets b) Erosion Control Plans (20 scale, dual pane) c) Traffic Control Plans (20 scale). Complete traffic sequencing plan presented in the 60% submittal. Completed traffic control plans will include evaluating the impact of the traffic control plan on surrounding drainage and provisions for interim drainage plan, if needed. 3. Incorporate and develop any necessary design details including: a) Consultant Provided Project Specific Details b) City and Agency Standard Details c) Agency Standard Details D. Final Opinion of Probable Construction Cost (90%) 1. The ENGINEER shall submit a final opinion of probable construction cost with the respective updates to bid items, quantities and/or unit prices resulting from changes made between the 60% and 90% milestones. 2. Provisions 2 and 3 of the Preliminary Opinion of Probable Construction Cost shall also apply. E. Final Project Manual and Specifications 1. The ENGINEER shall prepare a Final Project Manual including Specifications and other construction contract documents. 2. This 90% submittal will: a) Use the City of Lubbock Engineering Minimum Design Standards and Specification, latest edition and revision at the time of preparation, as base specifications and prepare a description of each bid item for inclusion in the Project Manual. The description will include any modifications to the City specifications for the project. Final Construction Plan Submittal 1. The ENGINEER shall provide copies of final construction plan drawings for CITY review and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The final submittal to the CITY will be made at the 90% stage. The ENGINEER will submit plans to TxDOT, FISD, and other entities for review. The ENGINEER will provide up to ten (10) hard copies and an electronic copy at the 90% submittal. G. Texas Department of Licensing and Regulation (TDLR) 1. Upon completion of all pedestrian related comments the ENGINEER shall prepare and submit applications and fee to the TDLR for code review of the pedestrian elements. After construction the ENGINEER shall notify the TDLR of the completion date and request the field inspection. The ENGINEER shall address any questions or issues raised by the TDLR as a result of review and inspection. Review and inspection fees are included in this proposal and based off an assumed $200,000 to $500,000 pedestrian element cost. IV. Signed and Sealed Construction Drawings, OPCC, and Project Manual A. The ENGINEER shall revise the drawings, OPCC, and Project Manual based upon comments received from the 90% milestone submittal and deliver a signed and sealed package ready for CITY procurement. B. The ENGINEER shall submit three (3) hard copies and one (1) electronic copy to the CITY for their records. PHASE 4— RIGHT OF WAY ACQUISTION Right of Way Acquisition Services A. The SURVEYOR shall perform the following ROW services in support of the City of Lubbock to acquire the needed property to construct the proposed roadway improvements. 1. Schedule and coordinate property appraisals 2. Obtain Title Reports for each parcel to determine proper owner for negotiations 3. Conduct appraisals on up to 20 parcels to determine fair market value of properties to establish fair market value for the purchase of a roadway easement 4. Negotiate with property owners on behalf of County of Lubbock (up to 5 contacts per landowner) for purchase of roadway easement on up to 20 parcels S. Obtain final approval from County of Lubbock prior to making offers and prior to making final agreement in negotiations 6. Deliver properly executed documents to the County of Lubbock. Prepare right of way instruments (20 parcels anticipated) 1. Individual parcel exhibits shall be on 8%2'x11" paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: a) Parcel number b) Area required c) Legal description d) Current owner e) Easements locatable in the public record. f) All physical features g) Metes and bounds description of parcel to be acquired. Each type of easement shall be described separately. PHASE 5 — BIDDING I. Notice to Bidders A. For the purposes of this work it is assumed that the project shall be advertised along with the Upland from 4"' to 19�'' project currently under design by Halff and therefore no effort has been accounted for this item under this proposal. II. Distribution of Bid Documents A. For the purposes of this work it is assumed that the project shall be advertised along with the Upland from 4"' to 19"' project currently under design by Halff and therefore no effort has been accounted for this item under this proposal. 151. Plan Holders List A. For the purposes of this work it is assumed that the project shall be advertised along with the Upland from 4`h to 19"' project currently under design by Halff and therefore no effort has been accounted for this item under this proposal. lV. Pre-Bid Meeting A. For the purposes of this work it is assumed that the project shall be advertised along with the Upland from 4t'' to 19t'' project currently under design by Halff and therefore no effort has been accounted for this item under this proposal. V. Bidding Assistance and Addenda A. The ENGINEER shall respond to prospective bidder's questions and prepare and issue addenda to the bid documents if necessary. B. For the purposes of this work it is assumed that the project shall be advertised along with the Upland from 4"' to 19th project currently under design by Halff and therefore only effort associated with the addition of this project has been accounted for. Vi. Bid Opening and Recommendation of Award A. The ENGINEER will assist CITY in the opening, tabulation, and analysis of the bids received. The ENGINEER will also review the qualification information provided by the apparent low bidder and present findings to CITY. The ENGINEER will recommend award of contract or other actions as appropriate to be considered by CITY. Pre- qualifications of all prospective bidders and issuing a list of eligible bidders prior to the bid opening are not part of the services provided by ENGINEER. B. For the purposes of this work it is assumed that the project shall be advertised along with the Upland from 4"' to 19`h project currently under design by Halff and therefore only effort associated with the addition of this project has been accounted for. VII. Assemble Construction Contract Documents A. The ENGINEER will assist CITY in the preparation of Construction Contract Documents for the construction Contract. After execution of the documents, five (5) 22-inch by 34- inch hard copies and one (1) electronic copy will be assembled and distributed by the ENGINEER. B. For the purposes of this work it is assumed that the project shall be advertised along with the Upland from 4`h to 19`h project currently under design by Halff and therefore only effort associated with the addition of this project has been accounted for. EXCLUSIONS I. Other additional services, not included in this contract, will be negotiated with the City as needed. Compensation will be based upon a mutually agreed lump sum fee or an hourly rate as described below. Items that are considered additional services include but are not limited to: A. Any services not specifically mentioned herein B. Attendance or preparation for Public Meeting(s) C. Attendance or preparation for City Council Meetings D. Attendance or preparation for Planning and Zoning Meetings E. Landscape architecture and irrigation design F. Resurvey to reflect project scope changes requested by the City of Lubbock, required to address changed conditions or change in direction previously approved by the County, mandated by changing governmental laws, or necessitated by the County acceptance of substitutions proposed by the contractor G. Right of Way services for more than 20 parcels and any services not specifically outlined in this scope H. Condemnation services I. Collection of traffic counts 1. Traffic control for SUE operations beyond standard localized measures consisting of cones and free-standing signage. Non-standard localized measures are considered activities that require items including but not limited to barricades, flaggers, message board) K. Traffic signal warrant studies L. Traffic impact analyses M. Traffic signal design N. Design for additional power connections or circuiting to other devices / equipment (other than roadway luminaires) O. Design for Site Lighting other than along the specified roadway P. Design for Wifi System Q. Design for Surveillance System R. Fiber optic or communication design other than conduit runs and pull box. S. Revisions to plans requested by the City after plans are approved T. Permit fees, filing fees, pro-rated fees, impact fees and taxes U. Property acquisition closing services V. Design of sanitary sewer, water, gas, telephone, or other utility improvements, relocations, or adjustments except as noted herein W. Graphic products except as noted herein X. Design of utilities or other improvements outside of the project boundary or roadway rights of way (not in scope) Y. SWPPP preparation Z. Environmental assessments AA. Construction staking BB. Construction phase services including administration and/or engineering and inspection CC. Material testing DD. Bidding of the project independently from the Upland from 4`h to 19`h project SCHEDULE I. The scope of services outlined for the above project is based on the schedule provided below. For the purposes of this schedule all days are considered to be working days based upon an assumed 5-day work week. A. Kickoff Meeting 15-working days from Notice to Proceed B. Level B SUE 45-working days from Notice to Proceed C. Geotechnical 45-working days from Notice to Proceed D. Design Survey 45-working days from Notice to Proceed E. Draft Schematic Design 95-working days from Notice to Proceed F. Final Schematic Design 20-working days from receipt of draft schematic G. Preliminary Design H. Final Design I. Signed and Sealed Design J. Bidding Services comments 60-working days from receipt of notice to proceed with preliminary design 45-working days from receipt of preliminary design comments 30-working days from receipt of final design comments Based upon corridor clearance and City's established letting schedule EXHIBIT B SCHEDULE OF FEES FOR UPLAND AVENUE FROM 19T" STREET TO 34T" STREET Exhibit B defines the basis of compensation to the ENGINEER for the services renders as described under Exhibit A. PHASE PHASE 1— PROJECT MANAGEMENT AND COORDINATION KICKOFF AND COORDINATION MEETINGS PROJECT MANAGEMENT, QAQC, AND REPORTING UTILITY COORDINATION AGENCY COORDINATION PHASE 2— FIELD DATA COLLECTION SUE LEVEL B LEVEL A CONTINGENCY RIGHT OF ENTRY AND SURVEY GEOTECHNICAL PHASE 3 — DESIGN SCHEMATIC DESIGN PRELIMINARY DESIGN FINAL DESIGN SIGNED AND SEALED DESIGN FEE $26,500 $22,000 $78,100 $14,100 $47,100 $15,500 $68,800 $12,500 $160, 200 $196,600 $98,800 $ 26, 600 PHASE 4— RIGHT OF WAY ACQUISITION RIGHT OF WAY ACQUISITION $431,700 RIGHT OF WAY INSTRUMENTS $76,600 PHASE 5 — BIDDING $5.600 PROJECT TOTAL $1,280,700 Services will be provided on a time and material basis not to exceed the project total shown above. Printing, delivery, and subconsultant charges will be invoiced at direct cost times 1.1. CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1 of 2 Complete Nos. l- 4 and 6 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 entity filing form, and the ciry, state and country of the business entity's place Certificate Number: of business. 2023-1080270 Halff Associates Inc. Richardson, 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 10/05/2023 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. 17636 Project management, survey, SUE, geotechnical, design, acquisition and bidding services for the reconstruction of Upland Avenue from 19th Street to 34th Street. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Baker, Jessica Richardson, TX United States X Bertram, Shawn Austin, TX United States X Jose, Delgado McAllen, TX United States X Edwards, Mark Richardson, TX United States X Ickert, Andrew Fort Worth, TX United States X Jackson, Todd Austin, TX United States X Killen, Russell Richardson, TX United States X Hollis, Leigh Frisco, TX United States X Miller, Steven Austin, TX United States X Moya, Mike Austin, TX United States X Murray, Menton McAllen, TX United States X French, Sherri Tampa, TX United States X Sagel, Joseph Richardson, TX United States X Tanksley, Dan Richardson, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.e4ef7e73 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 2 of 2 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 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1080270 Halff Associates Inc. Richardson, 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 10/05/2023 being filed. City of LubboCk Date Acknowledged: g Provide the identification number used by the governmental entiry 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. 17636 Project management, survey, SUE, geotechnical, design, acquisition and bidding services for the reconstruction of Upland Avenue from 19th Street to 34th Street. Nature ofinterest 4 Name of Interested Parry Ciry, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Jacob Hays , and my date of birth is My address is 2601 Meacham Blvd., Suite 600 Fort Worth TX 76137 USA (street) (city) (state) (zip code) (country) I declare under penalry of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas , on the 5th day of OCtober 20 23 (month) (year) � ��� � S nature of authorized agent of contracting business entiry (Declarant) Forms provitletl by Texas Ethics Gommission www.etnics.state.tx.us version va.5.1.e4eriei� CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 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 1 Name of business entity filing form, and the ciry, state and country of the business entity's place Certificate Number: of business. 2023-1080270 Halff Associates Inc. Richardson, 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 10/05/2023 being filed. City of LubboCk Date Acknowledged: 10/11I2023 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. 17636 Project management, survey, SUE, geotechnical, design, acquisition and bidding services for the reconstruction of Upland Avenue from 19th Street to 34th Street. Nature of interest 4 Name of Interested Party Ciry, State, Country (place of business) (check applicable) Controlling Intermediary Baker, Jessica Richardson, TX United States X Bertram, Shawn Austin, TX United States X Jose, Delgado McAllen, TX United States X Edwards, Mark Richardson, TX United States X Ickert, Andrew Fort Worth, TX United States X Jackson, Todd Austin, TX United States X Killen, Russell Richardson, TX United States X Hollis, Leigh Frisco, TX United States X Miller, Steven Austin, TX United States X Moya, Mike Austin, TX United States X Murray, Menton McAllen, TX United States X French, Sherri Tampa, TX United States X Sagel, Joseph Richardson, TX United States X Tanksley, Dan Richardson, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.e4ef7e73 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 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 i Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1080270 Halff Associates Inc. Richardson, 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 10/05/2023 being filed. City of Lubbock oate Acknowledged: 10/11/2023 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. 17636 Project management, survey, SUE, geotechnical, design, acquisition and bidding services for the reconstruction of Upland Avenue from 19th Street to 34th Street. Nature ofinterest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is , and my date of birth is My address is (streeq (city) (state) (zip code) (country) I declare under penalry of perjury that the foregoing is true and correct. Executed in Counry, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.e4ef7e73