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HomeMy WebLinkAboutResolution - 2023-R0605 - Professional Services Contract 17762, With Hugo Reed And Associates - 12/12/2023Resolution No. 2023-R0605 Item No. 5.20 December 12, 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 fo; and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17762 fo� the Southwest Lubbock sanitary sewer extension, by and between the City of Lubbock and Hugc Reed and Associates, Inc., and related documents. Said Contract is attached hereto anc incorporated in this resolution as if fully set forth herein and shall be included in the minutes o� the City Council. Passed by the City Council on December 12, 2023 TRA��YI�L, MAYOR ATTEST: Courtney Paz, City Sec ta APPROVED AS TO CONTENT: � \... R ► �rik Rejino, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney ccdocslRES.PSA-No. 17762 - 1-IR SW sanitary sewer extension 11.29.23 Resolution No. 2023-R0605 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. _17762 is entered into this 12th day of December , 2023, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Hugo Reed and Associates, Inc., (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for Southwest Lubbock Sanitary Sewer Expansion, (the "Activiries"); 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 8� 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 E�chibit "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 $235,956, 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 ternunated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein aze 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 qualifed to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 11 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement consritutes 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 Activiries contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub-consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 11 ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub- consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non-owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: 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 Page 4 of 11 Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occuparional 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/RETAI1vING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which aze 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. INDEM1vITY 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, Page 5 of 11 OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INNRY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such norice 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: Hugo Reed Nathan Rigler 1601 Avenue N Lubbock, Texas 79401 Telephone: 806-763-5642 Email: nrigler@hugoreed.com C. City's Address. The City's address and numbers for the purposes of notice are: Joe Schaunaman City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-2173 Page 6 of 11 Email: j schaunaman@mylubbock.us D. Change of Address. Either pariy 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 secrions in this Agreement are inserted in this Agreement strictly for the parties' convenience in idenrifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. 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 and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal - agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non-Appropriarion. 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 ternunation charge or other liability, on the last day of the then- current fiscal yeaz or when the appropriation made for the then-current year for the services covered by this Agreement is spent, whichever event occurs %rst (the "Non-Appropriation Date"). If at any time funds are Page 8 of 11 not appropriated for the continuance of this Agreement, cancellarion 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 enrity 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 enrity 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 Secrion 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 verifes that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a%rearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade associarion. 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-rime 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 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 contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. Page 9 of 11 To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the enrity 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 azchitects or engineers practicing under the same or similar circumstances and professional license. Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK AT EST: Courtney Paz, City Sec ta APPROVED AS TO CONTENT: � �� Michael G. Keenum, P.E., CFM Division Director of Engineering/City Engineer APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney � TRAY PAYN , MAYOR Firm Hugo Reed and Associates, Inc. By: ason Sw fford, P e i nt Email: jswoffordna hugoreed.com Page 11 of 11 EXHIBIT A Engineering Scope of Services Southwest Lubbock Sanitary Sewer Project City of Lubbock Project Understanding 1. Project Description: a. The project includes the extension of gravity sanitary sewer improvements beginning at an existing manhole located at 132"d Street and Frankford Avenue south along Frankford Avenue to 146�' Street and then west along 146th Street to Milwaukee Avenue. b. The sanitary sewer improvements design will maximize the depth of the sewer line for entire route. c. Sanitary sewer pipeline will be sized to accept wastewater flows from all likely contributing properties to the corridor and wastewater flows from the City of Wolfforth at a loading rate provided by the Client. 2. Special Considerations for this project: a. Design will be coordinated with adjacent developments currently under design to accommodate future connections. b. Design will evaluate future extension beyond project limits to City Limit line at 146th Street and Alcove Avenue to confirm project can be completed to final terminus. The professional services generally will consist of: ■ Design survey ■ Existing right of way (ROW) limits survey ■ Right of way acquisition services (limited to ROW/easement parcel boundary surveys and owner coordination, no legal or title services) ■ Geotechnical investigation ■ Franchise utility coordination ■ Coordination with adjacent developments ■ Design of sanitary sewer system improvements ■ Design of surface improvements (driveways, culverts, ditches) impacted by construction (if necessary) ■ Traffic control plans (if necessary) ■ Bid phase support services 1. Design Survey (by Engineer) 1.1. Survey Data — develop an existing boundary survey and existing topographic data within the limits of this project. 1.1.1 Data Collection and Property Research — Subconsultant will collect available data to determine the boundary locations and owner information for all adjacent properties within the project limits. � Southwest Lubbock Sanitary Sewer Project Page 1 of 8 Engineering Scope of Services Revised November 22, 2023 • Design Survey • HRA has completed a survey of the Frankford Avenue corridor under separate agreement. This data will be incorporated into the project. • HRA will complete a topographic and improvements survey of the 146tn Street corridor from Frankford Avenue to Milwaukee Avenue. • Place 9(9) permanent 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. • Perform a field survey to identify and locate existing topographic elements within the project comdor consisting of the following: o Evidence of property boundary locations adjacent to the corridor. o Existing pavement, curbs, sidewalks, barrier free ramps, etc. o Driveways (including material). o Parking lots within 20-ft of proposed ROW. o Alleys (including material). o Existing culvert sizes and invert elevations, including cross sections approaching culvert crossings and headwalls/wingwalls. o Existing driveways and swales. o Visible utilities consisting of: manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, water well features, other public utilities, and franchise utilities. o Utility markings as provided by utility owners via 811 locate request. o Traffic signal poles, cabinets, and other signal equipment, if present. o Signs (excluding temporary signs). o Trees (larger than 6" caliper) and tree clusters. o Buildings and permanent structures. o Retaining walls. o Fence/wall limits and material types (excluding temporary fences). o Other applicable physical features that could impact design. 1.2. Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as ROW strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. 2. Right-of-Way Survey and Services (by Engineer) 2.1. Provide Existing ROW Base Map 2.1.1 The existing ROW base map will consist of the following: • Parcels and easements with current recording information. Current property owner. Existing platted easements and easements available in the public record including easements provided by utility companies. 3. Geotechnical (by Subconsultant) � Southwest Lubbock Sanitary Sewer Project Page 2 of 8 Engineering Scope of Seroices Revised November 22, 2023 3.1. Subsurface Exploration 3.1.1 Pipeline corridor • Nine (9) soil bores befinreen along the project corridor, at locations determined by the Engineer, to determine the characteristics of subsurFace materials (soil classification, moisture, relative density, etc.) • Standard penetration tests in accordance with ASTM D 1586 will be perFormed during boring operations. • Soil samples will be identified according to test boring number and depth, and a representative portion of each sample will be sealed in a plastic bag to protect against moisture loss. • Atterberg limits will be perFormed to determine the engineering properties of the soil. 3.2. Laboratory Services Samples will be transported to the Subconsultant's laboratory where they will be examined and visually classified by a Geotechnical Engineer using the Unified Soil Classification System (USCS) in general accordance with ASTM D 2487. To aid in classification of the soils and determination of their selected engineering characteristics, a testing program will be conducted on selected samples in general accordance with the following standards: Laboratory Test Moisture Content Test Standard ASTM D 2216 Atterberg Limits ASTM D 4318 Percent Passing No. 200 Sieve ASTM D 1140 3.3. Engineering Services 3.3.1 Laboratory test results will be used to classify the soils according to the Unified Soil Classification System. 3.3.2 Subconsultant shall determine if soils present slope stability risks during excavation. If soils are determined to be unstable, recommendations for stabilization measures shall be provided. 4. Franchise Utility Coordination (by Engineer) 4.1. Coordination 4.1.1 At start up, send project notice to all franchise utilities via registered certified mail to provide project limits and schedule for construction. 4.1.2 Data Collection and Research • Update and maintain database of existing franchise utility representatives, including representative contact information (email, mailing address, phone, etc.). • Prepare exhibit that indicates franchise utility locations based upon 811 responses and survey. • Coordination with Surveyor regarding topographic information to be collected on utility locations. 4.1.3 Franchise Conflicts Evaluation � Southwest Lubbock Sanitary Sewer Project Page 3 of 8 Engineering Scope of Services Revised November 22, 2023 • Coordinate possible conflicts due to pipeline profile and horizontal alignment. • Evaluate adjustments to pipeline profile to avoid conflicts. • Coordinate utility relocation assignments and schedule if required. 4.1.4 Schedule, prepare for, attend and document up to four (4) franchise utility coordination meetings (one coordination meeting to be held at each of the following milestone submittals: project start-up, 30% (Preliminary Design), 90%, and Final Design submittal). Meetings will address known potential conflicts and plans for immediate relocation prior to construction. 4.1.5 Engineer will work with franchise utilities to develop relocation plans to be prepared by the utility companies and initiated prior to bidding. 5. Preliminary Design 5.1. Project Management 5.1.1 Conduct progress and design review meetings to monitor the development of the project. During the design phase of the project, conduct the following: • One (1) project kickoff meeting with the City. • One (1) design review meeting on the preliminary milestone (30% Design). • For all meetings, the Engineer will prepare the meeting agendas and minutes. 5.1.2 Coordinate with subconsultants. 5.1.3 Prepare and e-mail monthly progress reports to the City. 5.1.4 Maintain Project Schedule • Develop work plan (identify tasks and subtasks). • Develop roles and assignments. • Develop and maintain schedule and interim milestones. 5.1.5 Prepare Design Criteria (coordinate with City at kickoff meeting) 5.1.6 QA/QC milestone review for all deliverables in the Preliminary Design Phase. • Perform an internal review of the preliminary designs in accordance with quality assurance standards established for this project. • QA/QC comments will be collected from intemal reviewer, documented, and addressed prior to review meeting with City. 5.1.7 Project Administration • Prepare project correspondence, and invoicing documents. 5.2. Data Collection (City to provide hard copy and electronic format if available) 5.2.1 Utility Data (Public Utilities) — Coordination with City • Existing water line locations/record drawings. • Existing sewer line locations/record drawings. • Sewer master plan documents for project area. 5.3. Preliminary Design Schematic (30%) 5.3.1 Prepare preliminary design schematic of proposed sanitary sewer line alignment and profile. • Prepare preliminary plan and profile (roll plot format), which will consist of the following items: � Southwest Lubbock Sanitary Sewer Project Page 4 of 8 Engineering Scope of Services Revised November 22, 2023 o Control data o Existing topography o Existing improvements o Proposed pipeline alignment o Proposed manhole locations o Existing water line locations o Existing sanitary sewer line locations o Existing franchise utility locations (relying upon information provided by franchise utilities and the data collected from 811 markings) o Existing ground profile o Preliminary pipeline profile 5.3.2 Pipeline Design • Determine contributing service area, anticipated land uses and resulting wastewater flows. • Coordinate with the City of Lubbock for determination of contributing wastewater flows from City of Wolfforth. 5.4. 5.5 • Pipe sizing based on expected capacity requirements. • Evaluate pipeline materials o Evaluate the suitability of fiberglass and PVC pipe materials for the project based on the flow capacity, backfill loading, lifespan, and constructability. Opinion of Probable Construction Cost 5.4.1 Perform quantity takeoff and develop construction cost projection for the selected pipe material. 5.4.2 Because the Engineer does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. Deliverables (roll plot) — The roll plot schematic will be finished to a level of detail that is equivalent to a 30% plan set, in roll plot format. 5.5.1 Deliverables will consist of the following: • Schematic Roll Plot document • Preliminary opinion of probable construction cost 6. Final Design 6.1. Project Management 6.1.1 Progress and Review Meetings: • Schedule, prepare for, attend, and document finro (2) progress meetings and one (1) review meeting to monitor the development of the project. � Southwest Lubbock Sanitary Sewer Project Page 5 of 8 Engineering Scope of Services Revised November 22, 2023 o Progress meetings will be held to discuss design issues and progress of plan production. o Review meetings will be conducted at 90% Plan Submittal. 6.1.2 Coordinate with subconsultants. 6.1.3 Prepare and e-mail monthly progress reports to City. 6.1.4 QA/QC • Engineer will perForm an internal review prior to all submittals (90% and Final) in accordance with quality assurance standards established for this project. QA/QC comments will be collected from each intemal reviewer, documented, and comments addressed prior to each plan submittal to the City. • City review comments will be documented and addressed after 90% review meeting. Engineer will create a"Comment Log" in spreadsheet format, documenting the comment and the action taken to resolve the comment. 6.1.5 Project Administration • Prepare project correspondence and invoicing documents. 6.2. Sanitary Sewer Pipeline Construction Documents 6.2.1 Prepare plan / profile sheets on 22" x 34" plan sheets at a scale of 1" = 50' horizontal, and 1" = 5' vertical. • In addition to the items included in the preliminary design submittal, the PS&E will consist of the following items: o Proposed easement locations (if any) o Driveway repair details o Pipe stub outs for future connection o Hydraulic grade line o Trench details o Manhole details o Quantity summary sheets o Removal plan o Standard design details 6.2.2 Design lateral pipeline and stub plan and profiles. 6.2.3 Compile applicable City standard details. Modify standard details as needed. 6.3. Utility Adjustments - Public 6.3.1 Water and Sewer Adjustments • Adjustments to existing water valves and manholes will be specified in the plans. Prepare special utility details to clarify intent of design (if needed). 6.4. Interim Design Submittal (95%) Deliverables 6.4.1 Submit 95% PS8�E in PDF format to the City for review and comment. 6.4.2 This submittal will provide assurance that project scope is addressing project issues,and will allow for design changes with sufficient lead time for minor revisions. Deliverables to be provided with this submittal consist of the following: � Southwest Lubbock Sanitary Sewer Project Page 6 of 8 Engineering Scope of Services Revised November 22, 2023 6.5. .. 6.7. • Title Sheet (100%) • Index of Sheets (95%) • Plan & Profile Sheets (95%) • Construction Details (90%) • Quantities and Summary Sheets (100%) • Updated Estimate Specifications and Project Manual 6.5.1 Prepare written specifications and project manual for incorporation with the City's bid documents and proposal form. Final Design Submittal (Bid Set) Deliverables 6.6.1 Submit an electronic PS&E package to the City consisting of sealed plan sheets and all supporting documents required for bidding. Post Bid Submittal Deliverables 6.7.1 Submit one (1) PDF electronic copy of the plan set, specifications, and addenda after the project's bid opening. 7. Bid Phase Support 7.1. Support City during the bid phase to address and respond to questions from prospective bidders. 7.2. Prepare and submit addenda changes that are necessitated by questions during the bid phase. 7.3. Incorporate addenda changes into the Final Plan Set. 7.4. Assist the City in evaluating the bids and prepare a recommendation letter. 8. Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Such services shall include, but are not limited to, the following: • Subsurface Utility Engineering • Construction Contract Administration • Construction Phase Engineer of Record support services • Construction Phase RPR services • Structural engineering for sanitary sewer structures • Preparation for and attendance at public meetings beyond what was identified in the scope. • Traffic control plans — HRA anticipates that project can be constructed without significant traffic disruptions. • Redesign to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City's acceptance of substitutions proposed by the contractor. � Southwest Lubbock Sanitary Sewer Project Page 7 of 8 Engineering Scope of Services Revised November 22, 2023 TIME OF COMPLETION Engineer and Subconsultants are authorized to commence work on the Project upon execution of a mutually acceptable contract and agrees to complete the services according to the following delivery schedule: • Contract Execution / Notice to Proceed • Design Survey, ROW Mapping, Geotechnical Investigation, Utility Coordination • Preliminary Design Schematic (30%) • Interim Design Submittal (95%) • Final Design (Bid Set) - End of Scope of Services — � Southwest Lubbock Sanitary Sewer Project Engineering Scope of Seroices December 12, 2023 December 31, 2023 February 15, 2024 April 5, 2024 May 3, 2024 Page 8 of 8 Revised November 22, 2023 � i � � Proposed Fees for Professional Servioes for Southwest Lubbodc Sanitary Sewer Project Ciry of Lubbodc, Texas � Southwest Lubbock Sanitary Sewer Project Page 1 of 1 Engineering Scope of Services November 22, 2023