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HomeMy WebLinkAboutResolution - 2024-R0009 - Contract 17281, With Hugo Reed And Associates, Inc, North Point PID - 01/09/2024Resolution No. 2024-R0009 Item No. 6.8 January 9, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Professional Services Agreement Contract No. 17281 Design & Engineering Services for North Point Public Improvement District (PID) West Walk Track, by and between the City of Lubbock and Hugo Reed and Associates, Inc., and rel� documents. Said Contract is attached hereto and incorporated in this resolution as if fully set fc herein and shall be included in the minutes of the City Council. Passed by the City Council on ianuar; 9,?024 TRA Y ., OR ATTEST: Cou ney az, City Secretaiy APPROVED AS TO CONTLNT: D. Blu K stelich, Chief Financial Officer APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney ccdocs/RES.PSA-No. 17281 - Design & Engineering Services for North Point PID 12.20.23 Resolution No. 2024-R0009 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 17281 is entered into this 9th day of January , 2024, 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, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, on October 28, 2004, the City passed Resolution No. 2004-R0543, which authorized and created the North Point Public Improvement District (the "District"), and designated the City as the entity responsible for the management of services and improvements to the District; and WHEREAS, The City desires to contract with the Contractor to provide design & engineering services for the North Point Public Improvement District (PID) West Walking Track Development in the District and for the benefit of the residents of the District, (the "Activities"); and WHEREAS, the Contractor has performed similar work within the District under previous contracts with the City; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Contractor hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruprion for a term of twelve (12) months. If the Engineer determines that additional time is required to complete the Services, the Business Development Director, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of rime so long as the amount of the considerarion does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acring through its governing body. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $104,636.00, as set forth in Exhibit "B". ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, ter�nination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 11 C. Authorization. Execution, delivery, and performance of tlus Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate acrion on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regularions, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similaz 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 regularions 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, cazried 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 ttus 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 T'he Engineer shall further cause any approved subcontractor or sub-consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub-consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Page 4 of 11 Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third pacties (any of which are referred to herein as "Sub-consultant"), to perform certain duties of Engineer, as set forth on Exhibit A, attached hereto, under this Agreement, provided that the City approves the retaining of Sub-consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub-consultant. Any agent and/or Sub-consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XI. INDENINITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS TI-iE CITY OF LUBBOCK AND TTS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILTI'Y 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 INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVNE 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 I�LIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or pernutted 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: Hugo Reed and Associates, Inc. Nathan K. Rigler, P.E., CFM 1601 Avenue N Lubbock, TX 79401 �4943 Telephone: 806-763-3891 Email: nrigler(�a,hu�oreed.com C. City's Address. The City's address and numbers for the purposes of notice are: Brianna Brown City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Telephone: 806-775-3082 Email: BBrown(a�mvlubbock.us Page 6 of 11 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY-PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non-confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this 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 aze necessary to substanriate 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. Construcrion and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH TI� LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT Page 7 of 11 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 Exlubits "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, wamanties, 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, parknership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepazed 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 payrnent by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then- current fiscal year or when the appropriation made for the then-current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non-Appropriation Date"). If at any time funds aze not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on Page 8 of 11 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 tenorist organization P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This secrion applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Q. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Govemment 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. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity deternunes 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 lrnowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention Page 9 of 11 requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracring 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 azchitectural or engineering services to be performed shall be done with the professional slcill and care ordinarily provided by competent architects or engineers practicing under the same or similaz circumstances and professional license. Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Co ey Paz, City Secre APPROVED AS TO CONTENT: D. u Kos lich, Chief Financial Officer APPROVED AS TO FORM: � Kel i Leisure, Assistant City Attomey V T , MAYOR Firm Hugo Reed and Associates, Inc. By: Jason, L. S offord, si t Email: � swofford(c�hu�oreed.com Page 11 of 11 EXHIBIT A Scope of Services North Point PID West Walking Tract City of Lubbock Project Understanding 1. Project Description: a. The project involves the design and construction of a walking track, pedestrian lighting, and landscape improvements within the limits of Tracts GB-2, GB-3, and GB-4, North Pointe. b. Included in the scope is the design of North Abbeville Avenue and North Aberdeen Avenue from the existing end of pavement to the north plat limit of Tract GB-2 and GB-3. The professional services generally will consist of: ■ Design surveying ■ Boundary survey of property limits survey ■ Geotechnical investigation ■ Utility coordination ■ Landscape architectural design ■ Civil engineering design ■ Electrical engineering design ■ Public involvement ■ Bid phase support services This project will be designed in accordance with the City of Lubbock's adopted building and electrical codes and the City of Lubbock Public Works Standards and Specifications. 1. Project Management 1.1. Project Kick-Off Meeting - Host one (1) project kick-off meeting with the design team and the City of Lubbock. 1.2. Bi-weekly Progress Meetings - Schedule and host bi-weekly progress meetings during the project design phase. Meetings will be held virtually. 1.3. Design Review Meetings - Conduct the following design review meetings to present design and construction drawing progress and receive comments from the Client. Design review meetings will be held in-person. 1.3.1 Schematic Design Review, 1.3.2 Design Development Review, 1.3.3 90% Construction Drawings Review, 1.3.4 Final Construction Drawings Review 1.4. Prepare monthly invoices and status reports. 2. Design Survey (by Engineer) � City of Lubbock - North Point PID Walking Track Page 1 of 7 Engineering Scope of Services November 20, 2023 2.1. Design Survey - develop an existing topographic and improvements survey within the limits of this project. • Place three (3) 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 limits consisting of the following: o Evidence of property boundary locations adjacent to the corridor. o Existing pavement, curbs, sidewalks, barrier free ramps, etc. o Alleys (including material). o Existing culvert sizes and invert elevations, including cross sections approaching culvert crossings and headwalls/wingwalls. o Existing driveways. 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 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. 2.2. Prepare a final topographic and improvements drawing in digital format (including contours and break lines) showing the features located in the field as well property lines, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. 3. Boundary Survey (by Engineer) 3.1. Confirm boundaries of platted tracts within project limits and adjacent ROW boundaries to the extent necessary to establish property lines. 4. Geotechnical (by Subconsultant) 4.1. Subsurface Exploration • Two (2) soil bores within the project limits to a depth of 10 feet below ground surface, 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. � City of Lubbock - North Point PID Walking Track Page 2 of 7 Engineering Scope of Services November 20, 2023 • 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. 4.2. 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 4.3. Engineering Services 4.3.1 Laboratory test results will be used to classify the soils according to the Unified Soil Classification System. 4.3.2 Subconsultant shall issue an engineering report documenting the soil properties and providing recommendations for earthwork, pavements, and foundation design. 5. Franchise Utility Coordination (by Engineer) 5.1. Coordination 5.1.1 At start up, send project notice to all franchise utilities project limits and schedule for expected construction schedule. 5.1.2 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. 5.1.3 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. 5.2. Encroachment Agreement 5.2.1 Negotiate an amendment to the existing encroachment agreement, or a new agreement, with Xcel Energy to allow for the proposed construction within the limits of the Xcel overhead powerline easement. 5.2.2 Prepare exhibits to demonstrate locations of vertical construction relative to overhead powerlines. � City of Lubbock - North Point PID Walking Track Page 3 of 7 Engineering Scope of Services November 20, 2023 5.2.3 Facilitate communication between Xcel Energy, City of Lubbock, and North Point PID board for execution of necessary agreements. 5.2.4 Coordinate construction requirements with Xcel Energy. 6. Schematic Design 6.1. Data Collection (City to provide hard copy and electronic format if available) 6.1.1 Construction drawings for previous phase 6.1.2 Existing walking track improvements • Identify manufacturer and model and existing lighting improvements. • Inventory existing irrigation system components and manufacturer. • Identify existing walking track materials and condition. • Identify existing plantings. 6.1.3 Utility Data • Existing water line locations/record drawings. • Existing sewer line locations/record drawings. • Underground utility locations from OneCall. 6.2. Schematic Design 6.2.1 Prepare schematic design of proposed walking track and associated improvements 6.3. 6.4. 6.5. .. • Schematic design will include: o Preliminary layout of walking track o Preliminary lighting layout o Recommendations for tree and grass species o Preliminary tree locations o Layout of street and utility extensions Civil Engineering Design (by Engineer) 6.3.1 Layout of proposed walking track in coordination with Landscape Architect subconsultant. 6.3.2 Schematic design of street extensions for North Abbeville Avenue and North Aberdeen Avenue. 6.3.3 Schematic design of utility extensions as necessary. 6.3.4 Coordination with Electrical Engineering subconsultant for layout of pedestrian lighting. 6.3.5 Cost estimates for civil improvements Landscape Architecture Design (by Subconsultant) 6.4.1 Prepare recommendations for planting selection and tree placement. 6.4.2 Coordinate with Engineer for layout of walking track. 6.4.3 Evaluate existing well production, determine if new irrigation wells are necessary and well location as required. 6.4.4 Cost estimates for landscape improvements. Electrical Engineering (by Subconsultant) 6.5.1 Determine power supply connection location. 6.5.2 Determine pedestrian lighting requirements and light pole spacing. 6.5.3 Cost estimates for electrical improvements. 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. � City of Lubbock - North Point PID Walking Track Page 4 of 7 Engineering Scope of Services November 20, 2023 6.6.1 Deliverables will consist of the following: • Schematic Roll Plot document • Preliminary opinion of probable construction cost 7. Design Development 7.1. Design Development phase will complete the design and construction drawings to a 60% level of completion. 7.2. Civil Engineering Design (by Engineer) 7.2.1 Site mass grading plan in coordination with Landscape Architect. 7.2.2 Finalize layout of walking track in coordination with Landscape Architect. 7.2.3 Site drainage analysis and design of site drainage. 7.2.4 Street extension grading and preliminary plan and profile. 7.2.5 Design of utility extensions undemeath pavement extensions. 7.3. Landscape Architecture Design (by Subconsultant) 7.3.1 Preparation of plantings plan and schedule. 7.3.2 Design of irrigation system. 7.3.3 Design or irrigation well. 7.3.4 Site grading design in coordination with Engineer. 7.4. Electrical Engineering Design (by Subconsultant) 7.4.1 Finalization of lighting design and light pole locations in coordination with Engineer. 7.4.2 Design of electrical system and schematic layout. 7.5. Structural Engineering Design (by Engineer) 7.5.1 Design of light pole foundations 7.6. Design Development Deliverables 7.6.1 Plan sheets on 22" x 34" plan sheets at a scale of 1" = 20' horizontal, and 1" = 2' vertical. • In addition to the items included in the preliminary design submittal, the PS&E will consist of the following items: o Preliminary site grading plan o Walking track layout and dimensions o Street plan and profile sheets o Planting plan o Irrigation plan o Electrical plan o Standard Details 7.6.2 Opinion of Probable Construction Cost 8. Final Design and Construction Documents 8.1. Preparation of construction documents for bidding and construction 8.2. Civil Engineering Design (by Engineer) 8.2.1 Detailed spot grades and development of terrain model in coordination with Landscape Architect. 8.2.2 Finalize layout of walking track in coordination with Landscape Architect. 8.2.3 Street extension grading and preliminary plan and profile. 8.2.4 Design of utility extensions undemeath pavement extensions. 8.3. Landscape Architecture Design (by Subconsultant) 8.3.1 Planting schedule and plan. � City of Lubbock - North Point PID Walking Track Page 5 of 7 Engineering Scope of Services November 20, 2023 9. 10. 8.3.2 Planting details. 8.3.3 Imgation system final design and details. 8.3.4 Irrigation well final design and details. 8.3.5 Site grading design in coordination with Engineer. 8.4. Electrical Engineering Design (by Subconsultant) 8.4.1 Finalization of lighting design and light pole locations in coordination with Engineer. 8.4.2 Final design of electrical system and layout. 8.4.3 Construction details. 8.4.4 Electrical schedule. 8.5. Structural Engineering Design (by Engineer) 8.5.1 Final design of light pole foundations and details. 8.6. Final Design and Construction Documents Deliverables 8.6.1 Construction Drawings • Demolition Plan • Site Plan • Site Dimension Plan • Site Grading Plan • Municipal Street Extension Plan and Profile Sheets • Landscape Plan and Details • Irrigation Plan and Details • Electrical Plan and Details • Foundation Plan and Details 8.6.2 Construction Specifications and Project Manual 8.6.3 Final Opinion of Probable Construction Cost Public Involvement 9.1. Hold one (1) design review meeting with North Point PID board upon completion of schematic design phases to receive feedback from PID board. 9.2. If requested by the City of Lubbock, hold one (1) review meeting with the North Point PID board upon completion of the final design phase to present the design and estimate. 9.3. Hold one (1) public meeting with North Point residents, if requested by the City of Lubbock or PID board, to present the final design concept to residents. Bid Phase Support 10.1. Support City during the bid phase to address and respond to questions from prospective bidders. 10.2. Prepare and submit addenda changes that are necessitated by questions during the bid phase. 10.3. Incorporate addenda changes into the Final Plan Set. 10.4. Assist the City in evaluating the bids and prepare a recommendation letter. 11. 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 � City of Lubbock - North Point PID Walking Track Page 6 of 7 Engineering Scope of Services November 20, 2023 • Construction Contract Administration • Construction Phase Engineer of Record support services • Construction Phase RPR services • Preparation for and attendance at public meetings beyond what was identified in the scope. • 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 govemmental laws, or necessitated by the City's acceptance of substitutions proposed by the contractor. 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 • Preliminary Design Schematic (30%) • Design Development (60%) • Construction Documents - End of Scope of Services - � City of Lubbock - North Point PID Walking Track Engineering Scope of Services December 12, 2023 December 29, 2024 February 2, 2024 March 15, 2024 May 1, 2024 Page 7 of 7 November 20, 2023 EXHIBIT B Proposed Professional Services Fees North Point PID West Walking Tract City of Lubbock Task Description Hugo Reed Prairie Agnew Terracon Total Workshop Assoc. 1 Project Management $5,184 $2,850 2 Design Survey $5,400 3 Boundary Survey $1,440 4 Geotechnical $8,600 5 Franchise Utility Coordination $5,040 6 Schematic Design $10,888 54,500 $1,000 7 Design Development $14,296 $6,150 $1,500 8 Construction Documents $15,400 $8,100 $4,250 9 Public Involvement $5,232 $1,200 10 Bid Phase Services $1,656 $1,200 $750 Totals $64,536 $24,000 $7,500 $8,600 $104,636 � North Point PID Walking Track Page 1 of 1 Engineering Scope of Services November 20, 2023 CERTIFICATE OF INTERESTED PARTIES FORM Z29rJ 1of1 Complete Nos. l- 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. 2023-1106081 Hugo Reed & Associates, Inc. Lubbock, 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 12/20/2023 being filed. Ciry of Lubbock Date Acknowledged: 3 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. 17281 Professional engineering and land surveying services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is Nathan Kyle Rigler , and my date of birth is My address is 1806 Avenue K Abernathy TX 79311 Hale (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Lubbock County, State of Texas , on the2�tt'�day of December 20 23 -- (month) (year) Signature of authorized agent ontracting business entiry (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.f1b8c3f1 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 1of1 Complete Nos.1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. l, 2, 3, 5, and s 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 entiry's place Certificate Number: of business. 2023-1106081 Hugo Reed & Associates, Inc. Lubbock, 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 12/20/2023 being filed. City of Lubbock Date Acknowledged: 12/20/2023 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 properry to be provided under the contract. 17281 Professional engineering and land surveying services 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicabie) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.f1b8c3f1